...”) is two-fold. The first aspect of the challenge is that the Tribunal did not properly consider the fact that there has been triple riding of the motorcycle and on account of the same, there was rash and negligent driving ...that learned Tribunal did not consider even the fact that it was a head-on collision and, therefore, it was a case of contributory negligence.There is nothing on the record to prove...it was a case of head-on collision. Even if it is taken that it was a case of head-on collision, the inference regarding contributory negligence would be available only if the accident oc...

...was a head-on collision between the two vehicles, on the basis of documentary evidence, Ext. 1, the charge-sheet, the finding of fact recorded by the Tribunal, regarding contributory negligence on...appellant is the wife of the deceased, Susil Kumar Rout and the second appellant is the son of the deceased (minor at the time of the accident). On account of a head-on collision between the car of the...responsible for causing accident amounting to contributory negligence on the part of the deceased Susil Rout. The accident occurred on account of head-on collision between the two vehicles. Due to...

...learned Counsel for the appellant vehemently contended that it was a case of contributory negligence as the accident was head-on collision and, therefore, the liability was of both the Insurance.... In these circumstances, the head-on collison was on account of rash and negligent driving of car Ford Ikon No. MH-02 JA-4832. In this view of the matter the pleas contributory...learned Tribunal is annexed as Annexure-2 to the affidavit filed in support of stay application, wherein also there is no such pleading at all. Moreover, the finding recorded on issue Nos. 1 and 2 is...

...contended that the accident has been a head-on collision between the scooter and the car and in this situation, the accident should be said to be on account of contributory negligence of ...occurred on the side of the road of the claimant.The negligence would be said to be contributory only if the accident is a head-on collision and it occurs in the middle of the road.... However, if the offending vehicle comes to its wrong side to have a head-on collision with another vehicle, the offending car would be said to be driven in a rash and negligent manner.In...

...Kumar Dugar V/s Bidhyadhar Dutta 2006(3)SCC-242 has held that head on collision implies the contributory negligence and further the...Hon'ble Supreme Court in the case of Reshma Kumari Vs. Madan Mohan : (2 of 3) [CMA-302/2017] Civil Appeal No.4646/2009 with Civil Appeal No.4647/2009, decided on 02-04-2013 and...findings on issue no.1 being contrary to the law of land, is liable to be reversed. It is further submit that the Hon'ble Supreme Court has referred the issue to Larger Bench in...

...car was on the wrong side and the collision is head-on-collision, the MACT still fixed contributory negligence of the deceased at 20%. There is force in the contention of standing counsel...insurance company that the MACT has not given any reason for limiting the contributory negligence to 20%. Counsel has pointed out that in head-on-collision, at least 50% should be reduced towards ...counsel appearing for the insurance company and counsel appearing for the claimants, who have filed the cross-objection. The case of the insurance company is that the accident is head-on-collision...

...accident. The Tribunal deducted 50% towards contributory negligence for not wearing helmet and for the reason that the accident occurred by head on collision. Towards contributory negligence 25% w...view of the Tribunal deducting 25% for contributory negligence merely because the accident was by head on collision. However, the Tribunal is justified in deducting 25% for not wearing helmet at the time...the driver of the first respondent vehicle for causing the accident. Merely because the accident occurred due to head on collision it cannot be presumed that the drivers of both the vehicles have...

...finding. It is claimed in the appeal that it was a case of head-on collision and it amounted to contributory negligence. The facts necessary to decide this appeal can be reproduced as under...collision. A head-on collision in all circumstances cannot spell out contributory negligence. It is to be seen as to on which part of the road, the accident took place. As is evident from the stat...come from opposite direction and the movement of the bus was not normal as it was coming in zigzag manner. The Maruti car driven by the deceased R and the offending bus had a head-on collision. It...

.../- was awarded for the death of Saurav Sateria @ Vikki, who died in an accident which occurred on 21.10.20072. The sole ground of challenge to the judgment is that it was a head on collision ...the wrong side and collided with the Maruti Car coming from the opposite direction.8. It cannot be laid down as a proposition of law that in every case of head on collision, there would...Maruti Car. PW-3 Sunny Srivastava in his Affidavit Ex.PW-3.A testified that on 21.10.2007 at about 2:30 A.M, he along with his friend Saurav Sateria @ Vikki (the deceased), Anil Kumar Gupta and Amit Kumar...

...hand, that learned Tribunal has assessed adequate and proper compensation. According to him, it is a head-on collision and in a head on collision, the negligence can be taken as ..., thus submitted that no increase in the amount of compensation is admissible in this case.It is true that the two vehicles collided head-on. However, every head-on collision would not give ...evidence has come from the other side. If the head-on collision had taken place on that side of the road which was proper side for Tata-407, then it was a case of negligence on the part of tractor...

...Counsel for the appellant was on the aspect of negligence. He contended that it was a case of head-on collision and, therefore, when there was head-on collision the ...attend the work of supervision and when he reached near Decent Hotel, one truck bearing No. RJ-19-G-6326 came from opposite direction and as the wheel of the said truck got punctured, it came on the...note of the aspect that the Truck was towards the northern side and its driver side head light, mudguard and the wheels were broken. Further the vehicle Bolero jeep, which was being driven by the...

...opposite direction and hit the motorcycle. As a result thereof, deceased fell down on the road and received fatal injuries. Ld. Counsel submits that above narrated accident was head on collision, ...as mentioned above. In the DAR it is nowhere stated that the said accident had taken place as a result of contributory negligence.4. Every head on collision cannot be said to be a ...find any discrepancy in the view taken by the ld. Tribunal that there was no contributory negligence on the part of the deceased.5. The second ground argued by the ld. Counsel for the...

...further submits that it was a case of head on collision and therefore, the Tribunal has correctly deducted 50% towards contributory negligence. 1 of 3...contributory negligent in causing the accident. Merely, because the accident has taken place due to head on collision between two vehicles coming from opposite direction, it is not appropriate for the Tribunal to a...head on collision. In the opinion of this Court, in absence of cogent evidence, the Court erred in recording his finding. 6. There is a substance in the...

.... The nature of accident is that the buses belonging to the Transport Corporation, Madurai Division and Transport Corporation, Tirunelveli Division were involved in the accident and it is head on collision...negligence in the said accident. This Court is not inclined to accept the said contention, since it is head on collision. 2/4...Judgment and Decree, dated 26.02.2020 passed in M.CO.P.No.41 of 2017 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court),Thoothukudi. For Appellant : M...

...occurrence merely because the accident was head on collision between the two vehicles. In this view of the matter, contention raised by counsel for the appellant that contributory negligence is liable to be attribu...deceased as it was head-on collision between two vehicles and compensation is liable to be reduced to the extent of negligence attributable to Narinder. He has assailed quantum of compensation assessed.... Counsel for the insurance company would inform that the appeal has been preferred primarily on two grounds. The first submission made by counsel is that the owner and insurer, if any, of Tata Indig...

...interfere with the findings of tribunal in respect of the ratio of the contributory negligence on account of head-on collision between the Truck and the Jeep. Facts involved in the case (supra) ar...and justified on the part of the tribunal to take into consideration the fact of contributory negligence contributory negligence since both the vehicle collided head to head and for that ...different to the facts of our present case. When there is overwhelming evidence on record to establish the fact of head-on collision between the motorbike and the Tata Sumo, it would be in the fitness...

...of uniformity and also on facts, this Court finds that in the case of head on collision, indicating contributory negligence on both the drivers, the liability ought to be fixed equally .... The Tribunal, taking note of the fact that due to a head on collision, the accident had occurred, fixed the liability at 70% on the appellant-Transport Corporation of Karnataka and 30% liability ...fact that it was a head on collision and that both the drivers were responsible, fixed the liability equally on the owners of the buses, whereas, in this claim petition alone, the Tribunal fixed 70...

...on him. Even injured Manoj has also not contributed any negligence. No evidence was lead by the Insurance company in this regard. Mere head-on collision and absence of driving license cannot give rise to p....3/Insurance company supporting the finding with regard to contributory negligence and non-joinder of necessary parties submits that head on collision which took place in the middle of the road as is appar... offending vehicle by head-on collision, therefore finding of the contributory negligence of the part of deceased Vaibhav Gupta is not sustainable by any str...

...on him. Even injured Manoj has also not contributed any negligence. No evidence was lead by the Insurance company in this regard. Mere head-on collision and absence of driving license cannot give rise to p....3/Insurance company supporting the finding with regard to contributory negligence and non-joinder of necessary parties submits that head on collision which took place in the middle of the road as is appar... offending vehicle by head-on collision, therefore finding of the contributory negligence of the part of deceased Vaibhav Gupta is not sustainable by any str...

...was examined, therefore, learned tribunal rightly assessed the compensation @ र54,100/- and deducted 50% on account of contributory negligence as it was head-on-collision. It is submitted that...by the appellant was allowed and compensation of र54,100/- was assessed, out of which 50% was deducted towards contributory negligence and awarded र27,050/-, present appeal has been filed.... 5. Learned counsel for the appellant submits that appellant sustained head injuries and was hospitalized for one week. It is submitted that learned tribunal assessed the compensation and...