JUDGMENT :

Budi Habung, J.

Heard Mr. A. Biswas, learned counsel for the appellant. I have also heard Mr. P.J. Barman, learned counsel for the respondent No.1 and Mr. P.P. Borthakur, learned counsel for the respondent No.2

2. This is an appeal under section 173 of the Motor Vehicles Act, 1988 preferred against the judgment and order dated 15.2.2016 passed by the learned Member, Motor Accident Claims Tribunal, Golaghat in MAC Case No.5/2013, whereby the claim petition of the appellant has been dismissed.

3. The case of the claimant in brief is that on 03.01.2012 at about 10.20 AM, while her deceased husband Din Dayal Ram was coming towards Golaghat side by riding a motor cycle bearing registration No.AS-05-D-1021 in a moderate speed along with one pillion rider along the National Highway-37, Rangajan, one truck came from opposite direction driving in rash and negligent manner without leaving any space for crossing, as a result the deceased somehow managed to escape from collision with the truck, but in the process he lost control over the motor cycle and dashed against a tree as a result he and pillion rider sustained injuries. After the accident the offending truck managed to flee away.