JUDGMENT :

Heard Mr. R. Goswami, learned counsel appearing for the applicant. Also heard Ms. M. Bhattacharjee, learned counsel for the respondent.

2. This appeal has been filed under Section 173 of the Motor Vehicles Act, challenging the judgment and award dated 30.03.2016 passed by the MACT, Silchar, Cachar, in MAC case No. 763/2013.

3. On 03.06.2013, at about 12 noon when the deceased was waiting at Padritila near St. Viann School, a truck bearing registration No. As-01-DD-1651 hit him and he died instantly.

4. Upon the aforesaid facts, the claim case was filed before the learned tribunal.

5. The driver of the vehicle and the insurance company contested the claim case by filing separate written statements.

6. The driver of the vehicle has claimed that the vehicle had valid insurance police and therefore, the insurance company shall be liable to pay compensation.

7. The contesting insurance company/the present appellant has claimed that the deceased also contributed to the accident.

8. On the basis of the pleadings of the parties, the learned tribunal framed the following issues:-

1. Whether the deceased/victim died due to motor accident occurred on 03.06.2013?

2. Whether the accident was o