JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. I.

A. Talukdar, learned counsel for the respondent Nos. 1, 2, 3 and 4, Ms. U. Das, learned counsel for the respondent No. 7 and Ms. R. D. Mozumdar, learned counsel for the respondent No. 8.

2. The present appeal is preferred against the Judgment dated 25.10.2016, passed in MAC Case No. 587/2011 by the learned Member of MACT, No. 3, Kamrup (Metro), Guwahati.

3. The claimant’s case in brief is that while deceased victim Dilip Choudhary was riding a motor cycle bearing registration No. AS-01-AM-7274, from Khanapara side towards CRPF Group Centre, Amerigog, a Truck bearing registration No. AS-01-BC-2943 being driven in a very rash and negligent manner knocked him down from back side at about 07:30 PM, near Ganesh Mandir leading to his death. Accordingly, the claimants who are legal representatives of the deceased filed the claim petition.

4. The owner and driver of the truck filed their joint written statement and denied all the averments made in the claim petition. They further claimed that at the time o