MINI KUNJUMON Vs. KRISHNA BISWAS

JUDGEMENT

(1.) [MACA Nos.1379/2011 and 596/2013].. Both appeals arise from a common award dtd. 12/8/2010 passed by the Motor Accidents Claims Tribunal, Pala, in OP(MV)No.421/2007.

(2.) M.A.C.A.No.1379/2011 is filed by the claimants therein challenging the award to the extent it exonerated the Insurance Company from the liability and imposed the entire liability to pay the compensation on the additional 4th respondent in the claim petition, the State of Assam. M.A.C.A No.596/2013 is submitted by the State of Assam, where the challenge is against the liability imposed upon the appellant therein by exonerating the Insurance Company. (For convenience, the parties are referred to in this judgment based on their respective ranks in the claim petition)

(3.) Brief facts necessary to consider the issues involved in these M.A.C.As are as follows: