Mutum B.K. Singh, J. -

Heard Mr. Imti Imsong, learned counsel appearing for the appellant and Mr. B. Devnath, learned counsel appearing for the respondent No. 3. None appears for the remaining respondents despite proper service of notice on them.

2. This appeal has been filed against the Judgment and Order dated 9.5.06, passed by the Motor Accident Claims Tribunal-H, Dimapur, Nagaland in MAC Case No. 2/04, awarding a sum of Rs. 12,88,063.17 (Rupees twelve lakh eighty eight thousand sixty three and seventeen paisa) as compensation in favour of the claimant and apportioning the liability for payment to the respondent No. 3 and the present appellant respectively. Out of the total compensation amount, the MACT fastened on the shoulder of the appellant to pay a sum of Rs. 3,94,120 (Rupees three lakh ninety four thousand one hundred twenty) to the claimant.

3. Facts, in brief, are that on 26.6.04, while the claimant namely, Nasiruddin Barbhuiya accompanied by a friend proceeding towards Badarpur from Silchar in a Maruti Car bearing No. AS-011C 6894, being driven by himself met a vehicular accident at Salchapra Gehagrapar, as hit by a Truck bearing No. AS-25/B-4592 coming from the opposite d

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