JUDGMENT AND ORDER :

Paran Kumar Phukan, J.

This appeal under Section 173 of the Motor Vehicles Act is directed against the judgment and award dated 30.01.2012 passed by the learned Member, Motor Accident Claims Tribunal, Morigaon in MAC Case No. 134/2009.

2. The appeal has been preferred by the Insurer, Oriental Insurance Company Limited of the offending vehicle involved in the accident. The respondents of the case also filed cross objection against the judgment and award of the Tribunal and I am going to dispose of both the cases with a common judgment, since common questions of law and facts are to be decided in both these cases.

3. There is no dispute regarding the death of Prasanna Saikia in the vehicular accident which occurred on 11.08.2009, involving vehicle No. AS-13/A-9695, which is insured with the appellant, Oriental Insurance Company Limited. The only dispute raised in both these cases is the quantum of compensation which has been awarded by the learned Member of the Tribunal.

4. Learned counsel appearing for the respondents/claimants strenuously submitted that the actual income of the deceased at the time of death has not been considered by the Tribunal while computing los

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