Kalyan Rai Surana, J.

1. Heard Mrs. P. Bhattacharya, the learned counsel for the appellants as well as R. Goswami, the learned counsel appearing for the respondent No. 3. None appears on call for the respondents No. 1 and 2, i.e. the owner and driver of the offending vehicle, although notices have been duly served on them, as such, this appeal is heard ex-parte against them. 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 31.03.2010, passed by the learned Member, Motor Accident Claims Tribunal, Sivasagar in MAC Case No. 78/2006, whereby an award of Rs. 1,00,000/- was passed in favour of the appellants/claimants on death of their father in a motor vehicular accident.

2. As per the claim petition, on 10.10.05 at about 4:00 AM, the deceased, namely, Late Dr. Thanu Gogoi was proceeding from Guwahati to Sivasagar in a Maruti Car bearing registration No. AS-03/B-7123, which was being driven by the respondent No. 2. When the car reached Dighalati Market, Nagaon, suddenly a herd of cows were crossing the road in a very haphazard manner. In order to save the cows, the driver applied