A.C. Upadhyay, J.

1. This appeal, under Section 173 of Motor Vehicle Act, 1988, read with Article 227 of the Constitution of India, is directed against the judgment and order dated 14.5.2007 passed by learned Member Motor Accidents Tribunal, Dhemaji, in MAC Case No. 32/2005, whereby an award of an amount of Rs. 55,000/- with interest @ 6% per annum, was made in favour of the claimant, directing payment of the award by the owner of the vehicle bearing No. AS-22/1419 (Scooter), instead of the Insurance Company (Respondent No. 2). The facts leading to filing this appeal may be stated in brief as follows:-

On 26.5.2003 at about 4:00 P.M. while the son of the claimant, Atabar Ali was standing along the side of the road at Gelua Gaon, under Silapathar Police Station, the opposite party No. 1, Nur Mohammad by driving his scooter rashly and negligently, knocked down Atabar Ali. As a result of which, Atabar Ali sustained grievous injuries on his person. Injured Atabar Ali was immediately taken to a rural Hospital at Silapathar and thereafter shifted to Dhemaji Civil hospital for treatment Injured Atabar Ali was referred to Guwahati Medical College for his better treatment. During the