GUWAHATI, India, Nov. 19 -- Gauhati High Court issued the following order on Oct. 22:

1. Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. A. Hussain, learned counsel for the respondent No.1 and Mr. S.U. Ahmed, learned counsel for the respondent No.2.

2. In this appeal, under Section 173 of the Motor Vehicles Act, 1988 (MV Act hereinafter), the appellant has put to challenge the correctness or otherwise of the Judgment and Award dated 11.07.2017, passed by the learned Member MACT, Goalpara, in MAC Case No. 151/2012, filed under Section 166 of the M.V. Act.

3. It is to be noted here that vide impugned Judgment and Award dated 11.07.2017, the learned Member MACT, Goalpara (Tribunal hereinafter) has directed the appellant to pay a sum of Rs.1,10,600.00 (Rupees one lakh ten thousand and six hundred only) as compensation to the claimant with interest @ 6% p.a. from the date of 6.9.2016, the date of cross-examination of claimant witness no.1, till payment.

Background Facts:-

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

"On 16.9.2010, at about 1-30 P.M., the claimant Mustt. Sahida Bibi was coming from Gosaidubi towards Lakhipur on a vehicle, bearing registration No-AS-18-C-1656 (Auto Rickshaw). The driver of the vehicle was driving the same in a high speed and also in a rash and negligent manner and when the vehicle reached at Gosaidubi Hindu Para, at that time, the claimant fell down from the vehicle on the road and the wheel of the vehicle ran over her left leg. As a result, she had sustained grievous injuries upon her left leg and other parts of her body. Soon after the accident, the local people had taken her to Lakhipur PHC and from there she was referred to Goalpara Civil Hospital, where she had undergone treatment. From Goalpara Civil Hospital, she was taken to Florence Hospital, Goalpara where she also underwent treatment.

The appellant herein, as Opp. Party no-1, contested the case by filing written statement. The Opp. Party No. 2 and 3, the owner and the driver of the offending vehicle respectively, had filed their joint written statement in the case

The appellant herein in its W.S, besides denying all the averments made in the claim petition, stated that the compensation claimed by the claimant side is excessive, exaggerated and having no real basis. The appellant had also stated that it has no knowledge about the accident and put the claimant side in strict proof of the same and that it is not liable to pay any compensation until and unless it is proved that the driver of the offending vehicle, had the valid driving licence and the conditions of the insurance policy were not violated by the insured.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=rC8SUFuyEFsvB5V61cXUrA19wX0S2f3LCMJ3xe9cxBUkHPCj0pUn%2F3B5w0L%2ByYqv&caseno=MACApp./426/2018&cCode=1&cino=GAHC010093822018&state_code=6&appFlag=)

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