The MAC App No.168/2013 and MAC App No.169/2013 have been filed by the United India Insurance Co. Ltd against the common judgment and award passed by the Motor Accident Claims Tribunal, Goalpara in MAC Case No.94/2006 and 95/2006. In both the appeals, the appellant, as well as, the ground of challenge are common and therefore, both the appeals are taken to be decided by this common judgment.

2. Brief facts necessary for disposal of these appeals are that on 28-09-1998 late Uddhab Ch. Das aged about 40 years and late Amal Ch. Das aged about 25 years were travelling in a car bearing registration No.AS-01/9219 along with other co-passengers from Dhupdhara to Goalpara. On the way, at a place called Tiplai Tiniali the extremists ambushed the vehicle killing the passengers of the car including the victims, Uddhab Ch. Das and Amal Ch. Das. The legal heirs of both the victims have filed the claim petition before the MACT Goalpara and the Tribunal on appreciation of evidence passed the impugned award in favour of the claimants in both the cases, which are under challenge in these appeals.

3. I have heard Mr. S. Dutta, learned senior counsel for the appellant and Mr. H. Das, learned