ORDER :

1. Heard Mr. S.K. Goswami, learned counsel for the appellant/Insurance Company. However, none appears for the respondents, on call.

2. This is an appeal u/s. 173 of the M.V. Act, 1988, preferred against the judgment, dated 13.01.2009, passed by the learned Member, MACT, Kamrup, Guwahati, in MAC. Case No. 1668/ 2006, whereby a compensation amount of Rs. 3,80,000/- have been awarded to be paid to the respondent, who is stated to be the brother of the deceased.

3. The facts leading to the filing of the instant appeal, briefly stated, are as follows:

On 15.06.2006, while the deceased Jan Mahammad was going on foot at AT Road Near Chaulkhowa Mosque, he was knocked-down by a motorcycle bearing Registration No. AS-06-E-8934. In the said accident, the victim had sustained severe bodily injuries and he, ultimately, succumbed to his injuries at AMCH, Dibrugarh, on the very next day.

4. In the claim-petition filed by the brother of the deceased, it has been stated that the offending motorcycle was driven by one Md. Julea Uddin Ahmed, which was owned by Md. Abdul Kayum, the Opposite Par