JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. J. Kalita, learned counsel for the respondent Nos. 1 & 2 and Ms. M. Choudhury, learned counsel for the respondent No. 4.

2. This is an application under Section 173 of the Motor Vehicle Act, 1988, against the judgment and award dated 21.03.2017, passed by the learned Member, MACT, Nagaon, in MAC Case No. 499/2014, under Section 166 of the Motor Vehicles Act, 1988.

3. The brief facts of the case is that the appellant/New India Assurance Company Ltd., a Government. of India Undertaking with its Registered & Head Office at Middleton Street, Kolkata, and its Regional Office at G.S. Road, Bhangagarh, Guwahati, was impleaded as Opposite Party No. 5 in MAC Case No. 499/2014 by the respondent Nos. 1 & 2/claimants claiming compensation for the death of the husband of the respondent No. 1 in a motor vehicle accident on 31.03.2014, at around 8.20 P.M., at Pachim Senchowa Agriculture Tiniali under Nagaon Police Station in the Nagaon District of Assam. The husband of the respondent No. 1/claimant died, as a result of motor vehicle accident on 31.03.2014, while the deceased was proceeding from Raha towards his hou