NATIONAL INSURANC CO. LTD. Vs. DIPJYOTI RAJKHOWA

JUDGEMENT

(1.) Heard Ms. R.D. Mozumdar, learned counsel for the appellant/Insurance Company. Also heard Mr. M.K. Choudhury, learned senior counsel for respondents No. 1 to 4/claimants; and Mr. R. Goswami, learned counsel for respondent No. 9/Reliance General Insurance Company Ltd.

(2.) This appeal under Sec. 173 of the Motor Vehicles Act, 1988, preferred by the appellant/Insurance Company, is directed against the judgment and award, dtd. 20/6/2013, passed by the learned Member, Motor Accident Claims Tribunal, Tinsukia, Assam, in M.A.C. Case No. 50/2009, seeking for setting aside of the judgment and award, dtd. 20/6/2013, on the ground that the learned Tribunal failed to award just compensation and awarded Rs.40,54,000.00 to the claimants No. 1 to 4/respondents No. 1 to 4, herein, which is purportedly on the higher side and also that the learned Tribunal ought to have apportioned the liability between the appellant/Insurance Company and respondent No. 9/Reliance General Insurance Company Ltd., equally, by holding that there was composite liability by both the vehicles involved in the accident.

(3.) The facts leading to the filing of the instant appeal, briefly stated, are as follows: