JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Ms. P. Baruah, learned counsel for the respondents.

2. This appeal has been preferred by the appellant/insurance company under Section 173 of Motor Vehicles Act, 1988 against the judgment and order dated 13.06.2017 passed by the ld. Member, MACT, Golaghat in MAC Case No. 83/2013.

3. The brief facts of the case is that on 13.01.2013, at about 6 p.m., Prodip kr. Logun(deceased) was travelling in a vehicle bearing registration No. AS-01-AW-6178(ford figo car) from Dimapur to Guwahati along with his friend Shri Jeramiah Kachop and the said vehicle was driven by its owner-cum-driver Shri Pranjal Kachop. On their way, while they reached Salbagan Forest under Dabaka Police Station, the driver of the said vehicle lost his control due to its high speed and dashed against a road side tree with a great force. As a result, Prodip Kr. Logun sustained injuries on his person and died on the spot. The other co-passengers also sustained injuries on their persons and the vehicle was also damaged badly.

4. In connection with the accident, one case was registered vide Dabaka P.S. case No. 17/2013 under Sections 279/338/304(A)/4