JUDGMENT :

Heard Mr. R. Goswami, learned counsel appearing for the appellant and Ms. S.A. Ahmed, learned counsel appearing for the applicant/respondent no.1.

2. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the judgment and award dated 08.07.2011 passed by the learned Member, MACT, Lakhimpur in MAC Case No.25/2009, whereby an amount of Rs.3,86,000/- was adjudged as compensation to the claimant to be paid within a period of 2 (two) months from the date of award, failing which interest @ 6% p.a. would accrue to the awarded amount. The facts of the case relevant for the purpose of disposal of the instant appeal are that the son of the claimant Aditya Sarma (since deceased) while travelling on his own vehicle bearing Registration No.AS-07-B-5237 on 12.03.2008 at about 3:30 p.m. fell down from the vehicle on account of rash and negligent driving of the said vehicle of the driver, as a result of which the son of the claimant sustained serious injuries and subsequently he succumbed to his injuries and died. Subsequent thereto a claim petition was filed whereby the claimant who is the mother of the deceased sought for compensation to the tune of Rs