JUDGMENT :

Heard Mr. H. Buragohain, learned counsel appearing on behalf of Mr. S. S. Sharma, learned Senior Counsel for the appellant. Also heard Mr. K. Bhattacharjee, learned counsel for the respondent No. 1 and Mr. A. Dutta, learned counsel for the respondent No. 5.

2. This is an appeal, under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 28.11.2014, passed by the learned Member, Motor Accidents Claims Tribunal, Bongaigaon, in MAC Case No. 129/2012, directing the appellant/insurer to pay a sum of Rs. 62,750/-, i.e. the 50% of total awarded amount of Rs. 1,25,499/-, along with the interest @ 6% per annum from the date of evidence till realization.

3. The brief facts, leading to filing of the present appeal, is that on 04.05.2012, while the respondent No. 1/injured-Aksed Ali was going towards his office from his residence by riding his elder brother’s motorcycle, bearing Registration No. AS-19B-5632, and while he reached on the National Highway 31(B), Jogighopa, in front of Kiron Weigh Bridge, the driver of the offending vehicle, bearing Registration No. AS-25-0359 (Truck), coming from the opposite direction in a rash and negligent manner, collided w