Kalyan Rai Surana, J.

Heard Mr. S. Dutta, the learned Senior Counsel, assisted by Mr. C. Sharma, the learned Counsel for the appellant as well as Mr. M. Talukdar, the learned Counsel for the respondents No.1, 2 and 3/Cross Objectors. None appears on call for the respondent No.4 although the notice was deemed to have been duly served and, as such, the appeal was heard ex parte against the said respondent.

2. This appeal under Section 173 of the Motor Vehicles Act, 1988 is directed against the impugned judgment and award dated 17.03.2009 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati, in MAC Case No. 3135/2006, thereby awarding a compensation of Rs.6,02,000/- inclusive of no fault award with interest @ 7% p.a. from 20.12.2006, the date of filing of the claim petition till realization.

3. While the insurer had filed this appeal, the claimants, who are arrayed as Respondents No.1, 2 and 3, had filed a cross- objection, which is registered as C.O. No. 12/2004, thereby praying for enhancement of the award.

4. The case in brief is that at about 5.00 p.m. on 23.09.2006, while the deceased was walking from Lakhimandir towards his residence on fo