UNITED INDIA INSURANCE CO.LTD. Vs. GALINA NARJARY

JUDGEMENT

(1.) Heard Ms. A. Lal and Ms. R. D. Majumdar, learned counsel for the appellants and Mr. R. Goswami, learned counsel for the respondent.

(2.) Both the appeals being against the same judgment and award dated 29.01.2011 passed by the MACT, Kokrajhar in MAC Case No. 87/2010 are taken together for hearing and disposal by this common judgment.

(3.) Brief facts of the case are that on 22.08.2009, the deceased Manjil Basumatary was proceeding by driving his motorcycle. When he reached the J.D. Road, suddenly the vehicle bearing registration No. AS-01-BC/5728, which was driven in a rashnegligent manner knocked the motorcycle from behind causing grievous injury to the victim Manjil Basumatary. He was immediately shifted to hospital, where he succumbed to the injuries on 25.08.2009. The claim petition was filed by wife and other legal representatives of the deceased and the learned Tribunal by the impugned judgment and award granted a compensation of Rs. 6,84,250.00. Learned Tribunal attributing contributory negligence to the deceased to the extent of 30%, apportioned the liability and directed the insurer of both the vehicles to satisfy the award in the proportion of 30:70.