JUDGMENT :

1. Heard Mr. B.K. Jain, the learned counsel for the appellant and Ms. R.D. Mozumdar, the learned counsel for the respondent No. 2. None appears for the respondent No. 1.

2. Being aggrieved with the Judgment & Award dated 30.09.2009 passed by the learned Member, Motor Accident Claims Tribunal (the Tribunal), Kamrup at Guwahati in MAC Case No. 2399/2004, the appellant/claimant has filed the instant appeal.

3. Brief facts of the case is that the appellant, who is the son of the deceased Smt. Mina Rani Kalita filed a claim application under Section 166 of the MV Act, 1988 (MV Act) claiming compensation on account of the death of his mother in a motor accident, which took place on 25.03.2004 in front of K.K. Handique Library, Gauhati University, Jalukbari, Guwahati under Jalukbari P.S. According to the appellant, his mother was a pillion rider of Motor Cycle bearing Registration No. AS-01/P-3702, which met with an accident due to the rash and negligent driving of the rider of the Motor Cycle. In the accident, his mother fell down from the Motor Cycle and sustained grievous injuries. Although she was immediately taken to Maligaon Central Hospital, she succumbed to her injuries.

4.