JUDGMENT

[MACA Nos.1379/2011 & 596/2013] ...

Both appeals arise from a common award dated 12.08.2010 passed by the Motor Accidents Claims Tribunal, Pala, inOP(MV)No.421/2007.

2.. M.A.C.A.No.1379/2011 is filed by the claimants therein challenging the award to the extent it exonerated the Insurance Company from the liability and imposed the entire liability to pay the compensation on the additional 4 th respondent in the claim petition, the State of Assam. M.A.C.A No.596/2013 is submitted by the State of Assam, where the challenge is against the liability imposed upon the appellant therein by exonerating the Insurance Company. (For convenience, the parties are referred to in this judgment based on their respective ranks in the claim petition)

3. Brief facts necessary to consider the issues involved in these M.A.C.As are as follows:

3.1. The petitioners are the legal heirs of one Kunjumon V.D., who met with an accident while working as a Nursing Assistant in B.S.F. at Assam. The accident occurred on 07.03.2007 at 8.45 p.m. while he was travelling in a Maruti van bearing registration No. AS-01/Y8991. The accident occurred when the said Maruti van hit against the rear side of a lorry. Conseq