JUDGMENT :

This is an appeal against the Judgment & Award passed by the learned Court of Additional District Judge-IV (FTC) Kamrup, Guwahati, Assam in MAC Case No.1076/2009 dated 30.06.2014.

2. Facts of the case in brief is that the claimant had claimed compensation under section 166 of the Motor Vehicles Act,1988 amounting to Rs.22,25,000/-(Rupees Twenty two lakhs twenty five thousand) only on the account of the death of her husband Dharmeswar Kalita. The claimants’ case was that on 02.04.2009, the deceased Dharmeswar Kalita was proceeding along with his colleague Dipak Saikia by driving his Alto Car from Guwahati towards Golaghat site, on the way when they reached Haldibari, Kohara on NH-37, the said Alto Car was knocked down by the offending vehicle bearing Regd. No.WB-23-A-8326 (Truck). It is alleged that the offending vehicle was driven by the driver in a very rash and negligent manner, as a result of which the accident occurred. Due to the accident, the deceased Dharmeswar Kalita sustained injuries and died on the spot. The police of Bokakhat P.S. registered the case vide B