KABITA DEVI Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) These two appeals under Section 173 of the Motor Vehicles Act, 1988 ('the Act') arise out of the order dated 8.7.2005 passed in MAC (DJK) No. 1914/2003 (old No. 1671/2003) by the learned Member, Motor Accident Claims Tribunal, Guwahati, assessing the compensation of Rs. 12,85,600 payable for the death of the claimants' predecessor in interest in a motor vehicular accident occurred on 26.5.2003 and directing the insurance company, namely, the Oriental Insurance Company Ltd. to pay 50% of such amount, there being no dispute relating to the contract of insurance between the owner of one of the offending vehicles and the insurance company, by holding that there was "composite negligence" in respect of both the vehicles bearing Registration Nos. AS-25/B-9625 (Truck) and AS-02/B-3031 (Maruti Car), where the deceased being the owner was traveling.

(2.) MAC Appeal No. 260/2005 has been filed by the claimants for enhancement of the amount of compensation awarded by the learned Tribunal and also challenging the finding relating to the "composite negligence" recorded by the learned Tribunal in the said order. MAC Appeal No. 42/2006 has been filed by the Oriental Insurance Company Ltd. challenging the quantum of compensation awarded by the learned Tribunal by the said order, who has obtained the permission under Section 170 of the Act from the learned Tribunal to contest the proceeding before it on all the grounds available to the owner of the vehicle apart from the grounds available to it under Section 149(2) of the Act. The challenge made to the quantum of compensation assessed by the learned Tribunal in the said appeal is basically on the ground that a wrong multiplier has been applied to work out the amount of compensation payable, which according to the insurance company ought to have been "3", instead of "8" as applied by the learned Tribunal.

(3.) Since both the appeals arise out of the same order passed by the learned Tribunal, as indicated above, those are taken up for hearing and disposal together.