JUDGMENT :

1. Heard Mr. N. Deka, learned counsel appearing on behalf of the appellant and Mr. R. Goswami, learned counsel appearing on behalf of the respondent no.1. None appears on behalf of the respondent nos.2 and 3.

2. This is an appeal arising out of Award dtd. 19/6/2012 passed by the Additional District & Sessions Judge (FTC) No.2, Member of M.A.C.T., Kamrup at Guwahati in M.A.C. Case No.2135/2018, whereby a sum of Rs.12,92,676.00 was adjudged as just and fair compensation to the claimants.

3. The instant appeal has been filed challenging the quantum of compensation by the claimants on the ground that the Tribunal below had erroneously deducted 50% of the awarded compensation on the ground of contributory negligence and further that the Tribunal did not take into consideration the other benefits such as loss of Estate, loss of Consortium and Funeral Expenses in contrary to the judgment of the Constitution Bench of the Supreme Court in the case of National Insurance Company Limited vs. Pranay Sethi and Others, reported in (2017) 16 SCC 680.

4. The brief facts of the instant case is that on 13/4/2008 Douglas Arthur Phookan (since deceased) on way back to his home from Jorhat to Guw