Subhasis Talapatra, J.

1. This is an appeal under Section 173 of the Motor Vehicles Act by the Oriental Insurance Company Ltd. against the judgment and award dated 09.06.2006 as passed by the Motor Accident Claims Tribunal, Bongaigaon, in MAC Case No. 108/2005. The findings as returned by the Tribunal as regards the accident that occurred on 14.02.2004 when the claimant-respondent No. 1 was proceeding towards Tezpur with his family members by driving his vehicle bearing registration No. AS-19/8647 (Tata Sumo) along with the National Highway 52 and suddenly a cow came in front of the vehicle and the claimant-respondent lost control of the vehicle and the vehicle turned turtle and dashed against a tree, the injuries sustained by the claimant-respondent and the insurance cover of the said vehicle by the appellant are not in dispute by either of the parties or in the appeal. As such, those findings are affirmed and further appraisal thereof is avoided.

2. The solitary question that has been projected in the appeal is that whether the appellant can be made liable for making payment of the awarded sum in the fact and circumstances of the case.

3. Mr. S. Dutta, learned counsel appear