(1.) BY this common order, I propose to dispose of both Civil Revision No. 83 of 1991 and M.A. (F) No. 20 of 1991.
(2.) THE revision petition (Civil Revision No. 83 of 1991) has been filed by the State of Assam under Section 115 of the Code of Civil Procedure against an order passed by the Member, Motor Accidents Claims Tribunal Kokrajhar under Section 140 of the Motor Vehicles Act, 1988 (the 1988 Act) awarding a sum of Rs. 7,500/- (Sic. Rs. 12,000/-) by way of compensation in respect of permanent disablement resulting from an accident arising out of the use of a motor vehicle. The owner of the vehicle, the Insurance Company, namely, the Oriental Insurance Co. Ltd. and the claimant were arrayed as the opposite parlies. Notice of motion was issued on them. In response thereto all of them appeared through their respective Counsel. The petitoner, the State of Assam, was represented by Mr. B.B. Narzary, Government Advocate. The owner of the vehicle was represented by Mr. S.N. Bhuyan and Mr. U. Bhuyan, Advocates, the claimant was represented by Mr. B.P. Bora, Advocate and the Insurance Company by Mr. S. Dutta, Mr. B.K. Jain and Mr. K.K. Dey, Advocates.
(3.) BEFORE dealing with the facts of the two cases, it may be expedient to decide the following two questions of law that arise for consideration. These are:
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