the car driver was required to maintain safe distance from the vehicle ahead and so, the liability to pay the awarded compensation should be equally apportioned between the Insurers of the car and truck in question. 7. Upon hearing and on perusal of impugned Award and the evidence on record, I find that Neeraj Garg (PW-3) is infact an eye witness of this accident, as he was behind the car which colluded with the truck, which was stationary in the middle of the road, without any signal or indicator. Although Neeraj Garg (PW-3) in his evidence has stated that the sole negligence was of the truck driver, but I find that due to this accident, the car which was driven by deceased, was badly damaged. So, it cannot be said that the negligence was solely of the truck driver. Supreme Court in Raj Rani & Ors. Vs. Oriental Insurance Company Limited & Ors. (2009) 13 SCC 654, where the truck was stationary, held that liability of the parties to pay the awarded compensation has to be assessed in the ratio of 50:50. In light of the evidence on record, site plan of place of accident on record, this Court finds that the Tribunal has erred in putting the liability of paying 75% compensation on the Insurer of truck in question. In the considered opinion of this Court, negligence of drivers of the car and truck involved in this accident is 50:50.
