1. Heard Mr. A.J. Saikia, learned counsel for the appellant and Mr. R.K. Jain, learned counsel for the respondents.

2. The insurance company is on appeal under Section 173 of MV Act, 1988 against the judgment and order dated 07.12.2016 passed by the learned Member, MACT Dhubri in MAC Case No. 338/2009.

3. The case of the claimant in brief is that on 12.01.2009 when the claimant’s husband (deceased) was travelling in a bus bearing No. AS 17/8048 as a passenger, the said vehicle met with an accident at about 7.45 am at Khoraghat on NH-31 under Bogribari police station. In the said accident, the claimant’s husband sustained grievous injuries on his person and died on the spot. It was further contended that at the time of accident the deceased was a businessman earning about Rs. 40,000/- per month and was about 48 years of age.

4. Subsequently, the claimant learnt that another vehicle bearing No. WB-23B-4743 (truck) was also involved in the accident. The claimant then filed a petition before the Tribunal for impleading the owner and the driver of the said vehicle. On receipt of the notices, the opposite party No. 2, 3 and 4 did not appear and contest the case and the case was proceeded e