JUDGMENT & ORDER :

Heard Mr. S. Koyang, learned counsel for the appellant. Also heard Mr. M. Boje, learned counsel representing the respondent No.3.

2. This is an application filed under Section 173 of the Motor Vehicle Act, 1988 by challenging legality and validity of the Award dated 21.11.2022, passed by the Court of learned Member Motor Accident Claim Tribunal (in short “MACT”), Lower Subansiri District, Ziro, whereby, the claim application of the appellant has been arbitrarily dismissed.

3. The brief facts leading to the filing of the present application is that;

3.1. On 12.07.2009, a Truck bearing a registration No.AS-01AC-4082 belonging to one Mr. Hemanta Kumar Das/respondent No.1 driven by Md. Inush Ali/respondent No.2 loaded with some electric poles was going towards Raga. The present appellant’s elder brother, Lt. Rakhe Kanio boarded in the Truck at Yatap village and was seating in the cabin, while, going down the slope of the road near Repari village, the truck ran up the wall of the hill of the road on right hand side and fell down on the left side of the road causing injury to the deceased, who died on the way to the District Hospital, Ziro. Thereafter, the FIR was lodged o