MIR ALFAZ ALI
New India Assurance Co. Ltd. – Appellant
Versus
Joy Shree kakati – Respondent
1. These two appeals are filed by New India Assurance Co. Ltd. and Bajaj Allianz General Insurance Co. Ltd., respectively, challenging the judgment and award dated 12.07.2013 passed by MACT, Tinsukia in Mac Case No. 29/2011.
2. Brief facts, which led to the present appeals are that on 31.03.2010, Late Dipankar Kakati was travelling in a car bearing registration No. As-23/F-1209 from Guwahati to Digboi. The car was driven by Late Dipankar Kakati, who was the owner of the vehicle. The said car driven by deceased Dipankar Kakati met with an accident after hitting against a standing truck, which was parked on the middle of road without any parking light or indicator. As a result of the accident, he sustained injuries and died. The parents of Late Dipankar Kakati filed a claim petition before the MACT, Tinsukia, and the learned Tribunal passed an award of Rs. 30,86,289/- with interest @ 6%. The learned Tribunal apportioned the liability attributing contributory negligence to the deceased to the extent of 40%. The vehicle owned and driven by deceased was insured with the appellant Bajaj Allianz General Insurance Co. Ltd. and the truck involved in the accident was insured
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