1. Heard Mr. B.K. Jain, learned counsel appearing on behalf of the appellants/claimants. Also heard Mr. S.S. Sarma, learned senior counsel representing the respondent No. 3 Insurance Company as well as Mr. A. Acharyya, learned counsel appearing for respondent No. 5.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the judgment and award dated 04/10/2007 passed by the Court of Learned Additional District & sessions Judge (1st Track Court) No. 2 cum Member, Motor Accident Claims Tribunal, Kamrup at Guwahati in connection with MACT Case No. 230/2004, seeking enhancement of the amount of compensation awarded by the learned Tribunal on account of death of the husband of the appellant no.1 and father of the appellant no. 2, viz. Late Hemen Sarma.

3. The brief factual background of the case is that the husband of the appellant No. 1 late Hemen Sarma had met with an accident on 04/12/2003 in the National Highway No.31. While he was travelling in a Mahindra Pick-up Van No. AS 01/N-9997, at about 12-30 p.m., a bus coming from the opposite