JUDGMENT 1. This is an appeal filed against the impugned award dated 18.09.2019 passed by the learned Motor Accident Claims Tribunal (2nd), Judicial District, Kailashahar, in T.S.(MAC) 21/2018, whereby the learned Tribunal below has awarded compensation of Rs.1,13,49,536/- to the claimant-respondents to be paid by the Opposite Party No.3, Appellant within a period of 45 days from the date of award along with an interest of 8% per annum from the date of filing of the claim application (07.12.2018) to till realization of the full. 2. The facts in brief as stated in the pliant are that on 15.10.2018 in the afternoon, Sri Sanjit Sinha and Sri Vivekananda Chatterjee were proceeding towards Dalugaon from Kailashahar by riding a scooty bearing No.TR-02-F-7821. At about 1.30 P.M. they reached near Baroitali JB School, Dolugaon. At that time the offending vehicle bearing No.TR-02-C-1675(Tata Magic) coming from the opposite direction with high speed dashed the scooty due to which Sanjit Sinha and Vivekananda Chatterjee sustained injuries on their hand and body. They were brought to District Hospital, Agartala from where Sanjit Sinha was referred to GB Hospital, Agartala where Sanjit Sinha succumbed to death on 16.10.2018. 3. Thereafter, the claimant-respondents approached the learned Motor Accident Claims Tribunal claiming compensation on the ground of the death of Sanjit Sinha (deceased herein) as a result of a motor vehicular accident which had occurred on 15.10.2018. 4. The appellant-Insurance Company herein who was impleaded as Opposite Party No.3 contested the suit by filing a written statement. In the written statement, the appellant had denied all the allegations and averments made in the petition and also had specifically raised the issue of 'contributory negligence' of the deceased. 5. On the basis of the pleading of the parties, the learned Tribunal framed the following issues of determination which are as follows:- 'i) Whether the suit is maintainable? ii) Whether on 15.10.2018 at about 1.30 P.M. Sanjit Sinha met with an accident at Baraitali J.B. School, Dalugoan on Kailashahar-Fatikroy road while he was proceeding with his scooty bearing No.TR-02-A-7821 due to rash and negligent driving of the driver of the offending vehicle bearing No.TR.02-C-1675 (Tata Magic) coming from the opposite direction at a high speed and being dashed by the vehicle sustained grievous injuries and succumbed to his injuries, causing his death on 16.10.2018? iii) Whether the claimants are entitled to get compensation and who is liable to pay? iii) Whether the claimants are entitled to get compensation and who is liable to pay? iv) Whether the parties are entitled to any other relief/reliefs in this case?' 6. To prove the case, the claimant-respondents have examined three witnesses and had also exhibited certain documents. S.I. Sri Saiket Dey was examined as C.W.1. 7. The learned Tribunal, after hearing both the parties passed the impugned award dated 18.09.2019 and awarded compensation as stated above. 8. Aggrieved thereby, the appellant has filed this instant appeal challenging the impugned award dated 18.09.2019 passed in T.S. (MAC) No.21/2018. 9. Heard Mr. R. Purukayastha, learned counsel appearing for the appellant-Insurance Company as well as Mr. K.C. Bhattacharjee, learned counsel, and Mr. D.C. Saha, learned counsel appearing for the respondent-Insurance Company, and Mr. S. Bhattacharjee, learned counsel appearing for respondent No.6. In spite of service of notice, there is no representation on behalf of claimant-respondents. 10. Ms. R. Purukayastha, learned counsel appearing for the appellant-Insurance Company submitted that C.W.1, the investigating officer has filed the charge sheet and deposed before the Court that it is a case of head-on-collision between the Scooty (TR-02-F-7821) and Tata Magic (TR-02-C-1675) vehicle. In view of the said investigation report, the issue of 'contributory negligence' ought to have been framed and the same ought to have been dealt with. But the learned Tribunal without framing the issue has dealt with the point of 'contributory negligence', but, the same is not properly reasoned and the opinion is not justified. 11. Further, argument is also advanced on the point of quantum. Presently, this Court is not inclined to decide the matter on the point of quantum since the matter runs around 'contributory negligence' and, accordingly, fixing the accountability. 12. Prima facie, this Court is convinced on the point of 'contributory negligence'. Accordingly, the judgment and award dated 18.09.2019 passed by learned Motor Accident Claims Tribunal (2nd), Judicial District, Kailashahar, in T.S.(MAC) 21/2018 is set aside and the matter is remanded back for fresh consideration by framing an issue on the point of 'contributory negligence'. 13. With the above observation and direction, this instant appeal stands allowed and thus disposed of and as a sequel, miscellaneous applications pending, if any, shall stand closed.