JUDGMENT :

Heard Mr. M. Khan and Mr. M. Choudhury, learned counsels appearing for the respective appellants as well as Mrs. R.D. Mozumdar, learned counsel appearing for the respondent Insurance Company.

2. These two appeals under Section 173 of the M.V. Act are taken up together because they relate to the same accident.

3. The appeals are against the judgment and order dated 15.06.2015 passed by the MACT, Bongaigaon in MAC Case No.122/2012 and the judgment and order dated 17.08.2015 passed by the MACT, Bongaigaon in MAC Case No.123/2012.

4. This is a classic example of a single Tribunal having two different views in respect of the same accident.

5. On 30.05.2012, Binod Ray and Nitya Charan Ray were travelling in a scooter bearing Registration No.AS-19/4069. The scooter was driven by Binod Ray and Nitya Charan Ray was a pillion rider. The said scooter was knocked down by a truck. Binod Ray died on the same day whereas Nitya Charan Ray died after a couple of days. Therefore, Smti. Rupeswari Rabha Ray, the wife of Binod Ray had lodged an FIR before police alleging the truck bearing Registration No.AS-18-9360 had caused the accident.

6. Police started investigation into the matter. Dur