JUDGMENT :

Heard Ms. M. Choudhury, learned counsel appearing for the appellant as well as Mr. H. Baruah, learned counsel representing the respondents and Mr. A. Dutta, learned counsel appearing for the United India Insurance Com. Ltd.

2. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended) against the Judgment and Award dated 12.05.2016 passed by the MACT No.1, Kamrup (M), Guwahati in MAC Case No. 161/2011.

3. On 18.04.2010, at about 4.25 p.m., the claimant was travelling in a vehicle bearing regd. No. AS-01/BC/6051. At the time another vehicle No.AS-01-BC-8651 coming from the said direction knock the other vehicles. As a result, the vehicle No. AS-01-BC-6051 turned turtle. The claimant sustained grievous injuries. The claim application was filed seeking compensation.

4. The owner of the vehicle No.AS-01-BC-8651 contested the claim by stating that the vehicle was duly insured by the appellant/insurance company and the driver of the vehicle had a valid driving licence.

5. The appellant/insurance company contested the case by filing another written statement and the appellant claim that if the policy condition found to be violated, the appellant shall not be li