S. Talapatra, J.

1. Heard Mr. S.K. Barkataki, learned counsel appearing for the appellants. Also heard Mr. A. Ahmed, learned counsel for the respondent No. 1, the United India Insurance Company Ltd. as well as Mr. U. Datta, learned counsel for the respondent No. 4, the National Insurance Company Ltd. By this appeal filed under Section 173 of the Motor Vehicles Act, 1988 the judgment and award dated 14.06.2005 as passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati, in MAC Case No. 1699/2003, has been assailed on the solitary ground that whether contributory liability of the accident as has been shifted on the deceased is sustainable and if not, what consequence would set in.

2. The accident in question took place on 18.03.2003 at midnight about 0200 hours and according to the claimants one Tata Mobile Vehicle bearing Registration No. AS-25/C-8700, insured with the respondent No. 1, being driven in rash and negligent manner, knocked down the Scooter bearing Registration No. AMU-6061, coming from the Ganeshguri side. As a result, the scooterist, namely Devki Nandan Sharma and the pillion rider, namely Sanjay Sharma received serious injuries and ultimat