The main legal point established is the need for consistency in award decisions arising from the same accident, and the consideration of evidence to determine liability and fair compensation amount.

This appeal for enhancement of compensation is directed against the award dated 02.01.2009 delivered by the learned of the Motor Accident Claims Tribunal, South Tripura, Udaipur in T.S(MAC) No. 23 of 2008 whereby the Tribunal awarded compensation in favour of the claimants.

2. Briefly stated, the facts of the case are that Late Sri Malu Miah, husband of Smt. Surjya Devi Jamatia (Begam), father of Smti. Mousumi Aktar and son of Gunai Bibi and Adam Ali was driving a Maruti Car having registration No. TR-01-F-0412 owned by him and this car was insured with the United India Insurance Co. Ltd. The Maruti car had a collision with a bus bearing registration No.TR-01-A-1311 owned by Sri Uttam Kumar Sarkar and insured with the National Insurance Company Ltd.. A number of persons died/received injuries in the accident. Malu Miah driver of the car also died as a result of the injuries sustained in the accident. The parents, widow and minor daughter of Malu Miah filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) claiming compensation. The learned Tribunal held that Malu Miah was himself responsible for the accident to the extent of 50% and therefore, deducted 50% from the amount assessed as compensation. He held the appellant, National Insurance Company Ltd. only liable to pay 50% of the amount as assessed i.e. Rs.4,51,500/-. The insurance company has satisfied the award and the claimants have filed the present appeal.

3. The first ground raised by the claimants is that the learned Tribunal erred in holding that the deceased Malu Miah was negligent in driving. It is contended that there is no contributory negligence on his part. The second point raised is that the quantum of compensation is very much on the lower side. In this regard it is contended that the income of the deceased has not been properly assessed and his future prospects have not been taken into consideration while awarding the compensation.

4. After going through the records of this case I find that this is a shocking case where seven claim petitions were filed arising from the same accident and there are three different types of awards passed by the Motor Accident Claims Tribunal. This has happened because counsel for the insurance companies did not care to inform the Tribunals that there are other cases out of the same accident and as far as possible an effort should be made that all cases arising out of one accident are heard by the same Tribunal.

5. As pointed out above there were two vehicles involved in the accident. One insured with the National Insurance Company Ltd. and another with the United India Insurance Company Ltd. Unfortunately, the United India Insurance Company was not made a party in some of the cases. One Sarojini Kalai filed two claim petitions. In one claim petition decided on 29.8.2008 by the learned Motor Accident Claims Tribunal, West Tripura, Agartala the National Insurance Company was burdened with the liability to pay the entire awarded amount and it has satisfied the award. In the second claim filed by her this Court enhanced the compensation on 12.01.2015 and again the entire liability was fixed on the National Insurance Company. The United India Insurance Company was not a party to these claim petitions.

6. Smt Jariham Kalai filed two other claim petitions. In these petitions the United India Insurance Company was also made a party and in both the claim petitions the learned Tribunal apportioned the liability 70% on the National Insurance Company and 30% on the United India Insurance Company. It appears that one award was satisfied by both the companies and in the second award, appeal was filed by the claimants and this Court enhanced the amount but again fixed the liability 70% and 30% between National Insurance Company and United India Insurance Company.

7. Smt Gunai Bibi also filed two claim petitions and according to the National Insurance Company, one case out of that is still pending in