Heard Mr. S.K. Medhi, learned Central Govt. counsel for the appellant as well as Mrs. D. Das Roy, learned counsel appearing for the respondents.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988. This appeal is directed against the judgment and award dated 20.05.2011 passed by the learned MACT, Kamrup, Guwahati in MAC Case No. 326/2005, by which the respondents No. 1 to 4 were granted compensation to the extent of Rs.4,09,000/- together with interest @ 6% per annum from the date of the filing of the claim petition i.e. 14.03.2005 till payment.

3. The claim case in brief is that one Ainal Ali, who was the husband of the respondent No. 1 and the father of the respondent No. 2, 3 and 4, had suffered motor vehicle accident on 20.01.2005 involving army vehicle bearing No. 2129, stated to the owned by the Red Horn Public School (Opp. Party No. 2 in the claim case). On 20.01.2005, the predecessor- in- interest of the respondents was going to his home from Rangia by riding his bicycle. However, the offending vehicle hit him from behind and as a result of the accident the victim sustained grievous injury and died on spot. The Respondents had stated that the deceased about aged of 35 years and was earning Rs.6,000/- per month. In the claim case, the Union of India, represented by the Secretary Home Department was Opp. Party No. 1, Red Horn Public School, the owner of vehicle No. 2129, was arrayed as the Opp. Party No. 2, and the Station H.Q. of Red Horn Division Unit No. 271 was arrayed as the Opp. Party No. 3. The said three Opp. Parties filed their joint written statement. Besides taking formal plea like maintainability, it was stated that vehicle No. 2129 did not belong to the army and that the Army vehicle do not have four digits registration number and it was further stated that Red Horn Public School was a private institutional organisation of the Army and they do not use Army vehicle and, as such, it was prayed for dismissal of the claim petition. The said written statement was verified by one Maj. Daljeet Singh.

4. On the basis of pleadings, the following issues were framed by the learned Tribunal:

1. Whether the accident took place due to negligent driving of the driver of the vehicle no. 2129 Unit No.271 Army Vehicle and whether the claimant’s husband, Late Ainal Ali, died as a result of the accident?

2. Whether the claimant is entitled to any compensation and if so, from whom it is recoverable?

3. What will be just and proper compensation?

4. Is the claimant is entitled to any other relief?

5. In respect of issue No. 1, the learned Tribunal relied on the evidence of PW-2, Md. Wahidur Rahman, who is the eye witness of the accident. He had deposed that an Army school bus of Red Horn Public School bearing No. 2129 of unit 271 had knocked down the bicyclist. He had also stated that other Army vehicles were following the school bus. He had admitted that the accident occurred due to rash and negligence driving of the offending vehicle. The learned Tribunal had also relied on Ext.1, i.e. the Accident Information Report, which was exhibited by PW-1, Syeda Fatema Bibi. The learned Tribunal had also relied on the evidence of DW-1, Santosh Kumar Shukla, who was then serving as a soldier is 521 ASC Battalion, C/o. 99 APO, Changsari. The said witness had stated that on 20.01.2005, he was driving a protection vehicle of an Army convoy and the school bus was following the convoy, and after moving 3/4 km., the school bus over took the convoy. He deposed that he did not see the accident but he saw the injured person lying on the road side. During his cross examination, DW-1 had stated that the Red Horn Public School belongs to the Army. He also stated that Army vehicle carried students of Red Horn School and the registration number 2129 only belonged to the Army and the tactical number 271 related to the