JUDGMENT :

PARTHIVJYOTI SAIKIA, J.

1. Heard Mr. B.J. Mukherjee, learned counsel representing the appellant as well as Mr. M. Khan, learned counsel for the respondents.

2. This is an appeal under Section 173 of the M.V. Act, 1988 against the judgment and order dated 07.04.2016 passed by the MACT, Bongaigaon in MAC Case No. 38/2013.

3. On 17.10.2012, the deceased was coming from Balapara to Chalantapara by riding a motorcycle bearing registration no. AS-01-AK-1861. The motorcycle belonged to Asimuddin Ahmed. While he reached Pallirrtal, two persons suddenly ran across the road. The deceased lost control of the motorcycle and fell down on the road. He sustained serious injuries. He was taken to the hospital where he succumbed to his injuries.

4. A claim application was filed before the Tribunal seeking compensation.

5. The insurance company contested the case by filing a written statement. The insurance company claimed that the claimant is not entitled to compensation on the ground that the insurance policy covered only the third party risk.

6. Asimuddin Ahmed also contested the case by filing a written statement. He claimed that the insurance company is liable to pay compensation.

7. On the