FAO No.1166 of 1988(O&M) [ 1 ] IN THE HIGH COURT FOR THE STATES OF PUNJAB & HARYANA AT CHANDIGARH ... FAO No.1166 of 1988(O&M) Decided on : September 03, 2009 National Insurance Co. Ltd. ... Appellant VERSUS Mana Devi etc. ... Respondents CORAM : HON'BLE MR.JUSTICE A.N.JINDAL Present: None for the parties. A.N.JINDAL, J.- This appeal preferred by the National Insurance Co. Ltd. - appellant (herein referred as `the appellant') is directed against the award dated 28.7.1988 passed by Motor Accident Claims Tribunal, Rohtak, awarding compensation to the claimants – respondents as under:- Claim Petition No.19 of 1986 (Mana Devi vs. Ishwar Singh, etc.) : Compensation to the tune of Rs.76,800/- along with interest at the rate of 12% per annum. Claim Petition No.20 of 1986 (Pokhar Singh through his LRs vs. Bajrang Singh etc.) : Compensation to the tune of Rs.1500/-, to be recovered from the National Insurance Company alone. FAO No.1166 of 1988(O&M) [ 2 ] The grounds set up are that Kanti Ram alias Kanshi Ram was not allowed to have the lift as a passenger and he was travelling in the truck bearing Reg.No.HRH-6489 at his own risk and responsibility. It is also clear violation of the terms and conditions of the Insurance Policy. The Tribunal after appreciating the evidence of Inder Singh eye-witness (PW3), Rajbir cleaner (RW3) and Sub-Inspector Siri Ram (RW5) observed that the accident took place due to the contributory negligence to the extent of 50%, by rash and negligent driving of both the trucks, involved in the accident, as a result of which Kanti Ram lost his life and truck No.HRH-6489 was damaged. Nothing could be detected rendering the judgment as invalid. As such, the findings recorded by the Tribunal stand affirmed. Dismissed. September 03, 2009 ( A.N.JINDAL ) `gian' JUDGE