Heard Mr. S.S. Sarma, the learned Senior Counsel assisted by Ms. M. Mazumdar, the learned counsel appearing for the appellant. None appears on call for the respondents.

2. By this appeal under Section 173 of the Motor Vehicle Act, 1988 the appellant has challenged the judgment and order dated 30.06.2011 passed by the learned Member, MACT, Kamrup, Guwahati in MAC Case No. 2561/2007.

3. The respondent No.1 is the claimant in MAC Case No. 2561/2007. In the claim petition, the respondent No.1 projected that on 06.09.2007, while he was standing on the side of the road, a motor cycle bearing Registration No. AS-01-AB-8389 which was driven by the respondent No.3 in a rash and negligent manner, had hit him from behind and as a result he sustained grievous injuries on his person. Hence, the respondent No.1 had filed a case claiming compensation. The respondent No.2 is the owner of the said motor cycle. The appellant, who was the opposite party No.1, by filing their written statement, took the usual plea as to the maintainability, the claim being exaggerated and without any basis and the insurer was not liable to pay any compensation until and unless it was proved that the