- (1.) Heard Ms. B. Goyal, learned counsel for the appellant as well as Mr. A. Ahmed, learned counsel representing the respondent no. 3 i.e. New India Assurance Company Limited. Also heard Mr. H. Haque, learned counsel representing respondent nos. 1 and 2 i.e. the claimants.
(2.) The minor boy by the name of Dhutang Basumatary suffered demise on being knocked down by a speeding Bus bearing Registration No. ASG -4153. The unfortunate accident occurred at about 2.30 P.M. of 14.01.2005 at Batabari, Joypur Village in the District of Kokrajhar. A police case was also registered accordingly. The said vehicle at the time and date of accident was insured with the respondent no. 3 i.e. New India Assurance Company Limited vide Policy No. 530300/31/03024 valid from 31.12.2004 to the midnight of 30.12.2005.
(3.) Claim under the provisions of the Motor Vehicles Act, 1988 was made by the respondent nos. 1 and 2. Upon notice, the respondent no. 3 had appeared and has also filed written statement. In so far as the present appellant is concerned, he abstained from making any appearance and the claim case proceeded ex -parte against him.;