JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended) (hereinafter referred to as the Act, in short) is directed against the judgment and award dated 15.06.2012 passed by the Member, Motor Accident Claims Tribunal, Kamrup, Guwahati (hereinafter referred to as the Claims Tribunal, in short) in MAC Case No. 520/2007. By the judgment and award dated 15.06.2012, the Claims Tribunal had directed the appellant-insurer of the vehicle bearing registration No. AS-01/Z-7871 to pay an amount of Rs. 15,52,000/- along with interest @ 6 % per annum from the date of filing of the claim application i.e. 09.03.2007 till payment to the respondents-claimants.

2. In order to appreciate the issues involved in this appeal, it is necessary to state the relevant facts. On 05.12.2006, one Dwijen Chandra Goswami (the deceased) was proceeding in a scooter from Baligaon ASEB Divisional Office to Jorhat. As he reached J.B. Chariali on National Highway 37, all of a sudden, a Tata Indica car bearing registration No. AS-01/Z-7871 (hereinafter is also referred to as the Indica, for convenience), coming from Guwahati side and driven in a rash and negligent manner, hit the scooter o