This appeal is directed against the ORDER :and award dated 8th of September, 2006 passed by the Ist Additional District JudgecumClaim Tribunal, Gopalganj in Motor Vehicle Case No. 5 of 2006/1 of 2006 whereby the claim of the claimant was allowed. However, while allowing the claim, the Tribunal directed the respondent Oriental Insurance Company to pay 60 per cent of the award and rest 40 per cent was to be payable by the appellant Insurance Company, i.e. United India Insurance Company Ltd.

2. The short facts for disposal of the present appeal is 8th that on of March 2006, at about 5 P.M. the husband of the claimant Rajni Tiwari and father of respondent nos. 2 to 4 were proceeding for some work from Jagi Road to Gauhati in a Maruti Car bearing Maruti Car No. AS25C/2328 insured with the appellant United India Insurance Company Ltd. Unfortunately, the said Maruti Car was dashed by a Truck bearing Truck No. ML07/8548 insured with the respondent Oriental Insurance Company being driven rashly and negligently coming from the opposite direction causing accident to the Maruti Car leading to the spot death of the deceased Jyoti Bhushan Tiwari, husband of the Appellant No. 1. After