JUDGMENT :

1. Heard Mr. B. K. Jain, learned counsel for the appellant. Also heard Mr. R.K. Bhatra, learned counsel for the respondent No. 3.

2. This is an appeal, under Section 173 of the Motor Vehicle Act, 1988, against the judgment and order dated 20.06.2013, passed by the learned Member, Motor Accidents Claims Tribunal No. 2, Kamrup(M), Guwahati, in MAC Case No. 865 of 2007.

3. It is to be mentioned here that the appellants, as the claimants, filed a claim petition under Section 166 of the Motor Vehicle Act, 1988, before the learned Member, Motor Accident Claims Tribunal No. 2, Kamrup at Guwahati, which was accordingly registered as MAC Case No. 865 of 2007, seeking compensation for the death of their brother/uncle- Late Ranjit Kumar Das, who died in a motor accident took place on 19.02.2007 at National Highway 37, near IOC, Betkhchi, under Gorchuk Out Post, Fatasil Ambari P.S.

4. The brief facts, leading to filing of the present appeal, is that on 19.02.2007, the persons, namely, Rajat Ch. Kalita, Ranjit Kr. Das and Jagat Saharia, were proceeding by a vehicle, bearing Registration No. AS-01-AA-8932 (Tata Spacio), as passengers and when they arrived at Betkuchi, all of a sudden, a