JUDGMENT :

1. Oriental Insurance Company, insurer of Alto car has preferred the instant appeal against the award of compensation passed in Compensation Case No. 70 of 2010 wherein compensation of Rs.4,51,000/- has been awarded under Section 166 of the MV Act in favour of the claimants for the death of Shankar Chowdhury in a motor vehicle accident when the Alto Car on which he was travelling bearing registration no. JH-06A-6902 met with accident with a stationary truck bearing registration no. WB-33-2468. The Tribunal recorded a finding of contributory negligence and awarded compensation against the insurer of both the vehicles in the ratio of 50% each.

2. The car was being driven by one Jayanta Bagchi at the time of accident who also sustained fatal injuries in the accident for which Compensation Case No.28/2010 was filed and has been disposed separately. The heirs of Jayanta Bachi have preferred a separate appeal being MA 138/13. Both these appeal have been heard together but will be disposed of by separate Judgment since they arise of Judgment and award in two separate cases.

3.