JUDGMENT :

Heard Ms. R.D. Mazumdar, learned counsel representing the appellant as well as Mr. M.U. Mondal, learned counsel appearing for the respondents.

2. This is an appeal under Section 173(1) of the Motor Vehicles Act, 1988 against the judgment dated 18.11.2017 passed by the learned Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No.237/2012.

3. On 14.11.2011 at about 8 P.M., the deceased Hasen Ali was hit by motorcycle driven by Mahidul Islam. As a result of the accident, the deceased sustained serious injuries. He was taken to the hospital where he was declared dead.

4. A claim application was filed seeking compensation. The appellant being the Insurance Company of the aforesaid motorcycle, contested the claim application by filing written statement.

5. The driver of the motorcycle Mahidul Islam also contested the claim application by filing a separate written statement. He has claimed that he had a valid insurance and therefore he has no liability to pay any compensation.

6. On the basis of the pleadings of the parties, the Tribunal framed the following issues:

(i