JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. R. Goswami, learned counsel appearing for the appellant/Bajaj Allianz General Insurance Co. Ltd as well as Mr. B.D. Goswami, learned counsel appearing for the respondent no. 1/claimant and Mr. R.K. Bhatra, learned counsel appearing for the respondent no. 4/National Insurance Company Limited.

2. This appeal has been preferred by the appellant Bajaj Allianz General Insurance Co. Ltd, insurer of the vehicle AS-01T-3595 (Indigo Car) challenging the judgment and order dated 23.12.2010 passed by the learned Member, MACT Nalbari in MAC Case No. 285/2006.

3. The brief facts of the case is that on 16.07.2006, the son of the claimant Biren Kumar Sarma was travelling in a vehicle AS0-1T-3595 (Indigo Car) from Guwahati to Sivasagar along with staff of newspaper (Natun Somoy) and when they reached near Jorhat at about 5.30 A.M. another vehicle bearing no. AS-23D-6371 (truck) coming from opposite directions in a rash and negligent manner knocked down the vehicle bearing no. AS-01T-3595. As a result, the driver of the vehicle (Indigo Car) and son of the c