Sinha, J. - (1.) This appeal is directed against a judgment and award dated 3.6.1999 passed by M.A.C, Tribunal, Burdwan in M.A.C. Case No. 71 of 1998/194 of 1998 whereby and whereunder a sum of Rs. 1,05,000/- was awarded in favour of the respondent herein with the direction that the appellant as also the Oriental Insurance Co. Ltd. shall share the liability in equal proportion.
(2.) The claimant/respondent filed an application claiming a sum of Rs. 4,41,500/- for the death of her husband. Mainul Sk. @ Nairul Sk. in a Motor Vehicle accident which took place on 10.6.98. The appellant's case was that Mainur Sk. was travelling in Bus bearing No. WMH-103. The said Bus came near Pursa School Morh and stopped there and when the passengers were getting down the Bus, at that time another Bus bearing No. WB-15/1218 came from behind and dashed against the stationary Bus, as a result whereof the victim was injured and later on died.
(3.) Mr. K.K. Das, learned Counsel appearing on behalf of the appellant, inter alia, submits that although in relation to the aforementioned accident two claim cases were filed, in one case being M.A.C.C. No. 65 of 1998 which was renumbered as M.A.C.C. No. 200 of 1998, the learned Tribunal has exonerated the appellant. In the instant case, however, both the vehicles have been held liable.;