1. Heard Mr. M.K. Choudhury, the learned Senior Counsel, assisted by Mr. A. Borthakur, the learned Counsel for the appellant as well as Mr. N. Bhatra, the learned Counsel appearing for the respondent No.1/ Claimant. None appears on call for the respondent No.2, i.e. the owner of the offending vehicle and, as such, the appeal has been heard ex parte against the said respondent.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the judgment and award dated 10.09.2007 passed by the learned Ad-hoc Additional District Judge No.2 (FTC), Kamrup, Guwahati, in MAC Case No. 364/2005.

3. The case of the respondent No.1/ claimant as per the claim petition is that on 21.12.2002 at about 5.00 p.m., he was proceeding towards Joysagar to Amguri as a pillion rider on motorcycle bearing registration No. AS-05-A-3677, which was owned and driven by the respondent No.2. It was claimed that due to bad condition of road, and also for rash and negligent driving by the respondent No.2, the motorcycle turned down on the road side ditch near Samuguri and as a result of the accident, the respondent No.1 suffered fracture injury on his right leg. The responden