JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. R. Goswami, learned counsel appearing for the appellant/petitioner as well as Mrs. R. Devi, learned counsel appearing for the respondents.

2. This appeal has been preferred by the insurer of the vehicle AS23F/0682, Bajaj Allianz General Insurance Company Ltd against the award dated 30.07.2010 passed by the learned Member, MACT, Tinsukia in MAC Case No. 76/2007 wherein the appellant insurer has been made liable for compensation for the death of the borrower of the Motor cycle due to the injuries received by him while driving the vehicle.

3. The brief facts giving rise to the case is that on 13.05.2007 at about 11 PM while the deceased Safik @ Safik Ullah Ansari was proceeding from Hijuguri, Tinsukia towards his house at Philobari under Doom Dooma Police station by riding a motor cycle bearing no AS23F/0682 owned by his own brother, he met with an accident near Mansara, when the motor cycle got hit against the divider post of the railway line. The accident occurred as the road became slippery as it was raining. As a result of the said accident, Safik @ Safik Ullah Ansari sustained injuries on his person and he died on the spot. In this connection