JUDGMENT :

Judgment and order, dated 18.05.2018, passed by the learned Member MACT, at Bomdila, West Kameng District in MAC Case No. 01/2017, is challenged in this appeal by National Insurance Company Ltd. It is to be noted here that vide impugned judgment and order, the learned Member MACT, Bomdila, has awarded a sum of Rs 14,24,000/-(Rupees fourteen lakhs twenty four thousand) under different heads, payable by the appellant along with interest @ 6% per annum, from the date of filing of the claim petition till actual realization.

2. The factual background, leading to filing of this present appeal is briefly stated as under :-

“On 09.05.2016, at about 9:00 PM, Bhim Pradhan, since deceased, a private driver of a Tipper, bearing Registration No. AR-04-6438, was proceeding from Bhalukpong towards Kimin, by driving the said vehicle. But, unfortunately, on the way he met with an accident and the vehicle driven by him fell into a deep gorge and he sustained severe injuries. He was evacuated to the District Hospital Bomdila, but, he succumbed to the injuries at the Hospital. Thereafter, Bhalukpong, Police Station, registered a case, being Bhalukpong P.S. Case No. 10/2016, under Sections 279/304(A)/427 IPC, and investigation was carried out. During investigation, it has been found that the accident took place due to mechanical defect i.e. ‘steering failure’ as per the reports of the Motor Vehicle Inspector (MVI). At the time of his death the deceased had a valid Driving License, bearing No. AR-0420050003349, which was valid up-to 18.11.2032, and was issued by the District Transport Officer (DTO), Bomdila, on 19.11.2012, vide No. LMV-NT(NT)MCWG(NT). The vehicle was insured with National Insurance Company Ltd. and the policy was in force at the relevant point of time. Thereafter, the mother of the deceased, Smt. Maya Pradhan, filed a claim petition before the learned Member MACT, Bomdila under Section 166 of the M.V. Act. The appellant, National Insurance Company Ltd. and the owner of the vehicle M/s Argi Enterprises, represented by Smt. Rina Saksa (Proprietor), had contested the claim by filing written statements. Thereafter, hearing both the parties, the learned Court below, vide impugned judgment and order, awarded a sum of Rs. 14,24,000/-(Rupees fourteen lakhs twenty four thousand) being the compensation to the claimant”.

3. Being highly aggrieved, the appellant, National Insurance Company Ltd., preferred this appeal on the following grounds:-

(i) That, the claim petition is not maintainable.

(ii) That, the learned Member MACT, have committed gross error by entertaining the claim petition as the same ought to have been preferred before the Commissioner appointed under the Workman Compensation Act, 1923.

(ii) That, the learned Member MACT, had converted the claim petition suomotufrom section 166 M.V. Act to section 163(A) of the M.V. Act which is not permissible.

(iv) That, the claim was made for a sum of Rs 10,00,000/-( Rupees ten lakhs,) but, the learned Court below has awarded a sum of Rs. 14,24,000/-(Fourteen Lakhs Twenty Four Thousand).

(v) That, the learned Member MACT, had accepted the monthly income of the deceased at Rs. 8000/-, without any documentary proof of income.

(vi) That, the learned Member MACT, have failed to take into account that not a single paisa has been paid as premium for the driver.

4. I have heard Mr. B. Ghosh, learned counsel for the appellant. Also heard Mr. R. L. Thungon, learned counsel for the respondent.

5. Mr. Ghosh, learned counsel for the appellant submits that the learned Court below has converted the petition under Section 166 M.V. Act to Section 163(A) M.V. Act, suomotu without filing a petition by the petitioner. In support of his submission, Mr. Ghosh, has referred one case law in National Insurance Company Ltd. Vs. Bijaya Bhuyan and Ors. reported in MANU/GH/1014/2018. Secondly, Mr. Ghosh, submits