JUDGMENT

Parthivjyoti Saikia, J. - Heard Ms. R. D. Mozumder, the learned counsel appearing for the appellant as well as Mr. P.D. Nair and Mr. A.J. Sharma, the learned counsel appearing for the respondent.

2. The instant appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act") is preferred against the judgment and award dated 30.08.2016, passed by the learned Member, Motor Accident Claims Tribunal, Nagaon, Assam in MAC Case No. 176/2014. This appeal has been filed for enhancement of award.

3. On 07.07.2013, at about 6.20 PM, late Bimal Kr. Saikia was waiting for a bus on NH-37. He was standing left side of the road in order to take the bus ride back home. At that time, the vehicle bearing registration No. AS-01/K-8766, which was coming from Koliabor side towards Nagaon knocked down the deceased. He was immediately shifted to Civil Hospital at Nagaon but he succumbed to his injury there. It is alleged that the accident took place because of the rash and negligent driving of the aforesaid vehicle.

4. The owner and the driver of the said vehicle contested the case by filing written statement. They claim that their vehicle was insured by the ap