JUDGMENT :

MANISH CHOUDHURY, J.

1. This is an appeal under Section 173 of the Motor Vehicle Act, 1988, as amended (hereinafter referred to as the Act, in short), preferred against the judgment and award dated 13.12.2013 passed by the Motor Accidents Claims Tribunal, Lakhimpur in MACT Case No. 11/2012. By the said judgment and award dated 13.12.2013, the learned Member, Motor Accident Claims Tribunal, Lakhimpur, North Lakhimpur had dismissed the claim application of the claimants, who are the appellants in the present appeal.

2. The facts leading to the institution of MACT Case No. 11/2012 are recapitulated, in brief. On 02.11.2011 at about 9.30 am, the deceased, Bhadreswari Mili was proceeding to Pathalipahar as a pillion rider on a motorcycle bearing registration No.AS.07.TC-002, which belonged to her husband and was being driven by her son. At the relevant point of time, a vehicle bearing registration No. AS.07.C-2132 (709 truck) coming from the back side, dashed the motorcycle from behind. As a result, the deceased fell down from the motorcycle and sustained grievous injuries on her person. Due to the injuries sustained, the deceased died instantaneously on the spot. In respect of