KALYAN RAI SURANA, J.

1. Heard Mr. R. Sarma, the learned counsel for the appellant as well as Mr. K. Bhattacharjee, the learned counsel appearing for the respondents No. 1 to 4/claimants. None appears on call for the respondent No. 5 although as per order dated 18.03.2013, notice has been duly served on her on 13.12.2012, as such, the appeal has proceeded ex-parte against the respondent No. 5.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “MV Act”) is preferred against the judgment and award dated 20.02.2010, passed by the learned Additional District Judge (Fast Track Court) No. 3, Kamrup (M), Guwahati in MAC Case No. 884/2008, by which compensation of Rs. 6,32,000/- was awarded in favour of the present respondents No. 1 to 4.

3. In brief, the case of the respondents No. 1 to 4, in the claim petition is that they are respectively the wife, children and the father of the deceased Jatin Das, who was the paid driver of the a Maruti Van bearing registration No. AS-01-Y-3601, owned by the respondent No. 5. While driving the sai