JUDGMENT :

Heard Ms. M. Choudhury, learned counsel for the appellant /Insurance Company. Also heard Mr. Khan, learned counsel for the respondent/claimants.

1. The Accident:-

The case of the claimant respondent is that on 16.01.2015 while their younger brother/father Jayanta Narayan Baruah was coming from Manikpur towards his home by driving the vehicle bearing registration No. AS-19/G-4224 (Bolero) along with his wife Mina Kumari Baruah, Rohan Baruah and Nilim Baruah, Dhurjyoti Baruah and Bijoya Das and while it reached at Hapachara under Bongaigaon Police station, another vehicle bearing registration No. WB-57/B-4589 (Truck) was coming from opposite direction in a rash and negligent driving knocked down the Bolero Car and as a result their younger brother/father died on the spot.

2. The Claim and Award:

The claim petition was filed by claimants namely Sri Rohan Baruah and Sri Nilim Baruah under Section 166 of MV Act, 1988 seeking compensation at Rs.33,66,000/- from the opposite parties for the death of their father Jayanta Narayan Baruah due to the vehicular accident occurred on 16