Kalyan Rai Surana, J.

Heard Mr. A. Ahmed, learned counsel for the appellant as well as Mr. A. Mondol, the learned Counsel for the respondents No.1, 2 and 3/claimants and Mr. Azad Ahmed, learned counsel for the respondents No.4 & 5 (i.e. mother and father of the deceased/claimants No.4 & 5). None appears on call for the respondents No.6 & 7 although notices have been duly served on them. With the consent of the learned counsel for both the parties, the appeal has been heard on merit.

2. The brief facts of the case is that on 01.11.2010 while a Maruti Car bearing Registration No. AS-01-H/2771 was proceeding from Lanka to Nagaon in a rash and negligent manner, late Abdus Subur @ Talukdar was hit from behind by the said car. He was taken to the hospital immediately. However, he succumbed to his injuries on 03.11.2010. Claiming compensation of Rs. 25 Lakh, an application under section 166 of Motor Vehicles Act, 1988 was filed which was registered as MAC Case No.2215/2010.

3. Six PWs were examined by the respondents No.1, 2 and 3 i.e. the claimants' side. The learned Tribunal accepted that the deceased was aged about 42 years and his monthly salary was Rs. 17,214/- and net salary