1. Heard the learned counsel, Mr. B.K. Purkayastha for the appellant (the National Insurance Co. Ltd. (hereinafter referred to as ‘the Insurance Company’). Also heard Mr. B. Chetri, learned counsel appearing for the respondent Nos. 1-4 and Mr. S.S. Barooah, the learned counsel appearing for the respondent No. 5.

2. This Appeal is preferred by the Insurance Company against the judgment and award dated 6.9.2012, passed by the learned Member, Motor Accident Claims Tribunal, Dibrugarh, in the MAC Case No. 64/2011.

3. The claimants (respondent Nos. 1-4 herein), preferred the claim petition contending inter-alia that on 26.3.2011, at about 2:30 P.M. while Late Dipak Das along with one Dipen Das was riding by the Motor Cycle bearing registration No. AS-04-D/7043, they met with an accident involving the offending vehicle No. AS-04-D/8094 (a Mini Truck). As a result, the victim Dipak Das sustained severe injury and although he was immediately shifted to the Assam Medical College, Dibrugarh, he succumbed to his injuries on the next day. It was the allegation of the claimants that the accident occurred due to rush and negligent driving of the offending vehicle/Mini Truck and