JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. S. Dutta, learned counsel for the appellant. Also heard Mr. R.K. Bhatra, learned counsel for the respondent No. 6 and Mr. B.K. Baruah, learned counsel for the claimant and respondent Nos. 1 and 2.

2. The present appeal is preferred by the Insurance Company under Section 173 of the Motor Vehicle Act, 1988 assailing the judgment and award dated 19.11.2012 passed by the learned Member, Motor Accident Claim Tribunal, Nagaon in MAC Case No. 43/2009.

3. The background facts:

(I) The respondent Nos. 1, 2 and 3 had preferred a motor vehicle claim petition before the learned Motor Accident Claim Tribunal, Nagaon, inter-alia alleging that Kamal Hazarika (husband of respondent No. 1, father of respondent No. 2 and son of respondent No. 3), died in a motor vehicular accident that took place on 05.12.2008.

(II) It is claimed that on 05.12.2008, while deceased Kamal Hazarika was proceeding on foot towards Nagaon and when reached Bheluguri, a vehicle bearing registration No. AS-02-E-1505 (Tipper) dashed said Kamal Hazarika and as a result of which, Kamal Hazarika died on the spot.

(III) It was also pleaded in the claim petition that the aforesaid vehicle ra