JUDGMENT :

Heard Mr. R. Goswami, learned counsel for the appellant along with Mr. B.K. Jain, learned counsel for the respondent Nos.1-4.

2. This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the Judgment & Award dated 27.04.2018 passed by the learned Member, MACT, No.2, Kamrup (M), in MAC Case No.541/2009 filed under Section 166 of the Motor Vehicles Act, 1988.

3. Brief facts of the case is that the deceased victim who was the husband of the claimant No.1 died in a Motor accident on 08.03.2009 while he was walking from Ganeshguri towards Paltanbazar Railway Station, when he reach near Foodex Restaurant at Christian Basti, a vehicle bearing Registration No.AS-01-M- 8014 (Maruti Van) knocked him down. As a result of the accident the deceased victim sustained severe injuries and succumbed to his injuries at GNRC hospital. The deceased was said to be about 28 years of age and was a Jr. boxing instructor. The claimants being the wife, mother and children of the deceased filed the claim application under Section 166 MV Act, notice was issued to the O.P. No. 1, Reliance General Insurance Company Ltd. and O.P. No.2, the owner of the vehicle (Maruti Van), O.P. No