JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for respondent Nos. 1-3.

2. The instant appeal is filed under Section 173 of the Motor Vehicles Act of 1988 against the Judgment & Award dated 05.07.2014 passed by the learned Additional District Judge No. 2, Kamrup (M) in MAC Case No. 2277/2010 filed under Section 166 of the Motor Vehicles Act, 1988.

3. The facts of the case narrated in the impugned Judgment in brief is that, on 06.11.2010 at about 12 midnight, while the deceased Abhijit Das was coming by his own Motor Cycle bearing Registration AS-01/AH-5390 from Maligaon Chariali towards Lachit Nagar, when he reach Maligaon Railway Gate No. 3, the offending vehicle AS-91-AP/4138 (Santro Car) driven in a rash and negligent manner knocked him down from the back side. As a result of the accident, the said Abhijit Das sustained grievous injuries and was immediately admitted at GNRC Hospital, Guwahati. However, on 09.11.2010 the said Abhijit Das succumbed to his injuries and the post mortem on the death body was conducted in the hospital.

4. At the relevant time the Santro Car was driven by the opposite parties