Kalyan Rai Surana, J.

1. Heard Mr. SK Singh, the learned counsel for the appellant. None appears for the respondents No. 1, 2 & 3 although the names of their learned counsels are duly appeared in the cause-list. This appeal under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 17.03.2010 passed by the learned Member, MACT, Sonitpur, Tezpur in MAC Case No. 222/2002.

2. The case in brief is that on 31.07.2002 at 9:00 PM, while the deceased Poona Keot, who was the brother of the respondents No. 1, 2 & 3, was coming from Mission Chariali to his residence towards Bampar batia, he was knocked down by a scooter bearing Registration No. BR-16-D/2128, near Vartak Tiniali on NH-52, which was coming from the opposite direction. The scooter was being driven by the driver (opposite party No. 2 in the claim case) in a rash and negligent manner. As a result of the accident, deceased suffered grievous injuries on his person. He was shifted to the Kanaklata Civil Hospital, Tezpur, for treatment wherein he succumbed to his injuries. After the