JUDGMENT :

Heard Mr. A.J. Saikia, learned counsel for the appellant. I have Also heard Mr. D. Mondal, learned counsel appearing on behalf of the respondent nos.1 and 2 and Mr. S. Dutta, learned Senior Counsel assisted by Mr. S. Dutta, learned counsel appears on behalf of the Respondent No.3 insurance company. None appears for the Respondent Nos.4 & 5.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short Act of 1988) is directed against the judgment and award dated 21.05.2012 passed by the Member, Motor Accident Claims Tribunal, Morigaon in MAC Case No.6/2010. The grievance of the appellant in the instant appeal primarily is at the direction of the learned Tribunal below whereby the appellant insurance company was directed to pay 50% of the awarded compensation of Rs.23,62,456/-along with interest @6% from the date of filing of the claim petition. The appellant have also assailed the quantum of the compensation on the various grounds enumerated in the Memo of Appeal.

3. The brief facts of the instant case is that one Rakesh Bora (since deceased) on 25.11.2009