As many as 4 (four) appeals under section 173 of the Motor Vehicles Act, 1988, namely, MAC Appeal No. 65/2011, MAC Appeal No. 247/2012, MAC Appeal 66/2011 and MAC Appeal No. 230/2012 have arisen out of same and single motor vehicle accident. Two motor accident claim cases being MAC Case No. 695/2005 and MAC Case No. 810/2005 were registered with respect to the same motor accident held on 04.11.2004. Learned MAC Tribunal disposed these two cases by two separate judgments passed on 29.12.2010. Out of these two judgments, the present four appeals have arisen. Since, all the four appeals are connected to each other and have arisen out of the same motor accident, they are taken up together for disposal.

2. MAC Appeal No. 65/2011 is preferred by Smti. Luna Devi and her daughter Smti. Puja Devi challenging the judgment and award dated 29.12.2010 passed in MAC Case No. 695/2005. By the impugned judgment and award, the learned Tribunal directed the National Insurance Company Limited to make payment of Rs. 6,87,584/- in all along with interest at the rate of 6% per annum from the date of filing the claim petition till realisation. While claimants, namely, Smti. Luna Devi and her daughter have preferred MAC Appeal No. 65/2011 for enhancement of compensation amount, the National Insurance Company Limited by filing MAC Appeal No. 247/2012 has prayed for interference with the same judgment and award claiming that there was contributory negligence on the part of the C.R.P.F. vehicle bearing registration No. HR-26-F-1945 and so the appellant insurance company is not liable to make payment of the entire compensation. The MAC Appeal No. 65/2011 and MAC Appeal No. 247/2012, thus, have arisen from the same judgment passed by the learned MACT, Kamrup at Guwahati on 29.12.2010 passed in MAC Case No. 695/2005.

3. Similarly, Smt. Nazira Begum and others being claimants in MAC Case No. 810/2005 have preferred the MAC Appeal No. 66/2011 praying for enhancement of compensation awarded by the learned Tribunal on 29.12.2010 whereby the learned Tribunal directed the insurance company to make payment of Rs. 9,08,675/- along with interest at the rate of 6% per annum from the date of filing the claim petition till realisation. As in the previous case, the National Insurance Company Limited has preferred another appeal in the present case being MAC Appeal No. 230/2012 praying for interference with the award passed by the learned MACT, Kamrup at Guwahati in MAC Case No. 810/2005 on the similar ground that the insurance company of the offending vehicle bearing registration No. AS-15/3557 is not liable to make payment of the entire compensation amount. It is the case of the appellant in MAC Appeal No. 230/2012 that there being contributory negligence on the part of the C.R.P.F. vehicle bearing registration No. HR-26-F-1945, the Union of India is also liable to bear the liability proportionately. Thus, MAC Appeal No. 66/2011 and MAC Appeal No. 230/2012 arise out of the same judgment and award dated 29.12.2010 passed by the learned MACT, Kamrup at Guwahati in MAC Case No. 810/2005.

4. The brief facts involved in this four appeals are that a CRPF vehicle bearing registration No. HR-26-F-1945 carrying CRPF jawans was proceeding on 04.11.2004 towards 136 Bn. CRPF at Ulukuchi in the district of Karbi Anlong from the same battalion at Saraitoli in the district of Nalbari. When the vehicle reached near Chandra Kalita Oil Depot on NH 37 at around Kaira Bridge, a bus bearing registration No. AS-15/3557 came in rash and negligent manner from opposite side and hit the aforesaid CRPF official vehicle (Gypsy) causing accident. Consequently, constable Nityananda Nath and constable Abdul Aziz Khan were seriously injured. They were taken to Nalbari Civil Hospital but both of them succumbed to the injuries sustained. The legal heirs of Nityananda Nath are Smti. Luna D