H. Baruah, J.

1. The MAC Appeal No. 13 of 2010 and Cross Objection No. 3 of 2010 are being disposed of by this common judgment and order in view of involvement of similar facts and law. MAC Appeal No. 13 of 2010 is preferred against the judgment and award dated 23-2-2010 passed by learned Member, MACT, Aizawl in MAC Case No. 68 of 2006 whereby an amount of Rs. 7,57,608/- with 9% interest per annum has been awarded against the Appellant, the United India Insurance Co. Ltd. The Cross Objectors on the other hand by filing the cross objection have sought for enhancement of the award in view of the averments made in the cross objection petition.

2. We have heard Mr. M.M. Ali, learned Court for the Appellant, the United India Insurance Co. Ltd. as well as Mrs. Helen Dawngliani, learned Court and Mr. M. Guite, learned Court for the Cross Objectors, namely, Smt. K. Lalsawmi, claimant-Respondent in the appeal, Smt. Nitu Pandya, the owner of the offending vehicle, Smt. Lalremsiami and Lalsiamliana, counter claimant-opposite party No. 3 and 4 in the appeal.

3. The primary grievance of the Appellant is in respect of failure on the part of the tribunal to take account of the contributory n