JUDGMENT AND ORDER :

A.K. Goswami, J.

Heard Mr. S.Dutta, learned counsel for the appellant and Mr. B. Padum, learned counsel appearing for respondent No.1.

2. By an order passed on 24.8.2012, notice on respondent No.2 was dispensed with.

3. This appeal is directed against the judgment dated 29.11.2010 passed by the learned Member, Motor Accident Claims Tribunal, Guwahati in MAC Case No.754/05 directing the appellant to pay compensation amounting to Rs. 2,98,000/- to the claimant and his unmarried sister with interest at the rate of 6% per annum from the date of filing of the petition till full satisfaction of the award in respect of death of Niladri Ghosh, elder brother of the claimant, due to a vehicular accident involving vehicle No. AS-01-0508 arising out of rash and negligence driving of the said vehicle.

4. The learned Tribunal came to the finding that at the time of accident, deceased was 35 years of age. The claimant was about 33 years at the time of filing the petition and the sister of the claimant, who was examined as PW 2 and in whose favour also the award was made, was about 31 years at the time of filing of the petition. The learned Tribunal also assessed the annual income

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