Judgment and Order (Oral)

Heard Ms. S. Roy, learned counsel for the appellant and Mr. K. Sarma, learned counsel for the respondent No. 1/Claimant. None appeared for the respondent No. 2.

2. This appeal under Section 173 of the Motor Vehicles Act , 1988 (For short ‘M.V. Act’) is directed against the Judgment and award, dated 17.12.2011, passed in MAC Case No. 99 of 2003, by the learned Member, Motor Accident Claims Tribunal (For short ‘the Tribunal’) at Goalpara whereby a sum of Rs. 5,94,448.00 is awarded as compensation on account of death of the husband of the claimant/respondent No. 1 in a road traffic accident.

3. The case of the claimant/respondent No. 1 herein is that on 19.01.2003 at about 7 p.m., while her husband Binod Rabha along with one Manoj Kumar Rabha on pillion was riding a motorcycle bearing registration No. AS 18/4951(Hero Honda Splender), belonged to his friend, namely, Nizamuddin, from Tiapara side towards Goalpara and reached a bad shaped wooden bridge at Kokira, he pressed the brake and as a result, the motorcycle fell down to the river. Binod Rabha died on the spot and his companion pillion rider Manoj Kumar Rabha managed to save himself. The said motorcycle wa