BRANCH MANAGER, NATIONAL INSURANCE CO. Vs. MANJUARA BIBI

JUDGEMENT

(1.) M. A. No. 06 of 2015 and M. A. No. 07 of 2015 have been filed by the appellant-Insurance Company against the impugned judgment of award and compensation in MACT Case No. 83 of 2013 and MACT Case No. 78 of 2013 respectively, whereby and whereunder, compensation has been awarded under Sec. 166 of the Motor Vehicle Act for the death of Amir Hussain and Bikash Kumar Rakshit respectively and the liability has been fixed on the Insurance Company to pay the said amounts. M. A. No. 61 of 2015 has been filed by the appellant for enhancement of compensation amount awarded by the Tribunal in MACT Case No. 78 of 2013. Since all these appeals arise out of the same accident, therefore, they have been heard together and will be disposed of by common order.

(2.) As per the case of the claimants in M. A. No. 06 of 2015 and M. A. No. 07 of 2015, accident took place on 23/12/2012 at 13:40 hours when two motorcycles bearing Registration No. JH 04 A-1690 (wrongly typed as JH 04 A -1630 in the impugned judgment) and No. JH 04 E - 0430 met with head on collusion in which Amir Hussain and Bikash Kumar Rakshit had died.

(3.) The claimants in MACT Case No. 83 of 2013 are the legal representatives of deceased Amir Hussain whereas the claimants in MACT Case No. 78 of 2013 are the legal representatives of deceased Bikash Kumar Rakshit. MACT Case No. 78 of 2013 was filed impleading the owner of the motorcycle namely Ajijur Rahmam and MACT Case No. 83 of 2013 was filed impleading the owner of the motorcycle namely Bishnu Das.