JUDGMENT :

1. Heard Mr. Sidhant Dutta, learned counsel appearing on behalf of the appellant and Ms. S. Roy, learned counsel for the respondent No. 1.

2. This is an appeal under section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 15.7.2006 passed by the learned Member MACT, Kamrup (M), at Guwahati in MAC case No. 1638/2003. The reason for filing the instant appeal is for enhancement of the compensation as was awarded vide the impugned judgment and award.

3. The facts of the instant case is that on 10.7.2003 at about 1.00 p.m. while Ramesh Ch. Talukar (since deceased) and three others including one girl were travelling by a Maruti Car bearing registration No. AS 25 C 7124, the said Maruti Car was involved in an accident at Uumsaw Naongkharai due to rash and negligent driving by the driver of the said Maruti Car and resultantly Ramesh Ch. Talukdar and two others, namely, Umesh Talukdar and Bhubeneswar Matakar died. A Nongpoh PS GDE No. 177 and GR Case No. 1 12/03 under sections 279/337/304A, IPC was registered against the driver of the Maruti Car.

4. Subsequent thereto, a claim application was filed by the appellants who were the claimants therein before the M