Heard Mr. K.K. Bhatta learned counsel appearing for the appellant. None appears on call for the respondent.

2. The respondent Nos. 1 to 6 are the claimants in MAC Case No.1998/03 which was tried by the Court of learned Additional Judge (FTC) No.2-cum-Member MACT, Kamrup, Guwahati. The respondent No.7 is the owner of the offending vehicle and the respondent No.8 is the driver of the offending vehicle.

3. The case of the claimants is that on 10.09.2003 at about 5 p.m., the deceased Munin Rabha was on his way from Ouphula towards Chhaygaon on his bicycle on the N.H. No.37 and on reaching Kharkhari a truck bearing registration No. AS-01-N-9895 came at a very high speed and hit the deceased from behind. As a result of the accident the deceased suffered multiple injuries. He was immediately taken to Chhaygaon PHC for treatment. However, he succumbed to his injuries. The claimant filed the claim petition stating that the deceased was 29 years of age at the time of his death and he had left behind his wife and 5 minor children. It was claimed that the deceased was earning Rs.6500/- per month.

4. One bystander namely Shri Madan Kalita alias Kamal Kalita (PW6) who had seen t