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 entire period of treatment, apart from spending huge amount of money for medical treatment, the victim also suffered bodily injury for no fault of his own. The claim was filed by Md. Nure Ali, father of the victim Atabar Ali, for the bodily injuries sustained by his son.

2. Both the opposite parties entered appearance and filed their written statement in defence. The appellant as opposite party No. 1 contested the claim stating in his written statement that the claim was vexatious, false and concocted and the same was filed only to harass him with a mala-fide intention. He denied driving of the vehicle rashly and negligently and causing hurt to the victim. He further contended that his vehicle at the relevant time was duty insured with the United India Insurance Company under policy No. 130702/31/05 dated 20.4.2003 for the period from 20.4.2003 to 19.4.2004. The opposite party No. 2, United India Insurance Company also filed a written statement against the claim of the victim.

3. Upon hearing pleadings of the parties, learned Claims Tribunal framed the following issues, for just decision of the claims case.

Issues:

(1) Whether the accident in question occurred due to rash and negligent driving of the Vehicle No. AS-22/1419?

(2) Whether Atabar Ali, son of the claimant Nure Ali, sustained bodily injury in the accident that took place on 26.5.2003 due to the use of the Vehicle No. AS-22/1419?

(3) Whether the Vehicle No. AS-22/1419 was duly insured with the Opp. Party-United India Insurance Co. Ltd.?

(4) Whether the claimant is entitled to any compensation? If so, to what extent and by whom payable?

4. The claimant examined as many as 4 witnesses, in support of his claim and also produced relevant documents. The opp. Party No. 1, owner of the vehicle, examined himself as witness in defence. The opp. Party No. 2, insurance company also examined 1 witness and produced certain documents, in support of its defence.

5. On perusal of the materials on record, the learned Tribunal held that the claimant is entitled to a sum of Rs. 55,000/- as compensation and accordingly awarded the compensation with interest @ 6% per annum from the date of filing of the claim petition, till such realization. Learned Tribunal also held that the offending vehicle had no insurance coverage on the date of the incident and therefore, directed the payment of compensation by the owner of the vehicle in question.

6. Although the appellant agitated several grounds in the appeal, however, learned counsel for the appellant submitted that since the appellant i.e. owner of the vehicle, had paid a premium of Rs. 454/- to the Development Officer of the United India Insurance Company on 20.4.2003 in favour of Vehicle No. AS-22/1419, against which a cover note/receipt was issued to him and consequently,