MC 1019/2010 BEFORE HON’BLE MR JUSTICE B.P.KATAKEY Heard Mr R. Goswami, learned counsel for the petitioner. Petitioner by the present petition has prayed for stay execution of the judgment and award dated 18.12.2009 passed by the learned Member, MACT, Hojai, N agaon in MAC Case No.3/2008 whereby and where-under an award of Rs.4,73,000/- ha s been passed. By the said award, the insurance company was directed to pay the compensation in view of the contract of insurance between the owner of the offen ding motor vehicle bearing registration No.AS-02/9348 as well as the present pet itioner. The grounds on which the appeal has been preferred, which is admitted fo r hearing by a separate order passed today, is that since there was composite ne gligence between the two offending vehicles i.e. one bearing registration No.AS- 02/9348 and the other bearing registration No.AS-12/ 2916, the petitioner insura nce company being the insurer in respect of the vehicle bearing registration No. AS-02/9348 can be made liable to only 50% of the amount of compensation awarded by the learned tribunal, and not the entire amount. The petitioner insurance co mpany as such has not challenged the quantum of compensation awarded by the lear ned tribunal and what is contended, as noticed above, is relating to apportionme nt of the amount of compensation between the two insurance companies. In view of the above, in the event the appeal preferred by the present p etitioner is allowed, it would not be difficult for the petitioner to realize th e said amount from the other insurance company, which is a party to the present proceeding. Since the quantum of compensation is not in challenge, the claimant cann ot be deprived of the compensation awarded by the learned tribunal. In view of the above, the petition praying for stay execution of the imp ugned judgment and award stands rejected.