JUDGMENT :

Heard Mr. B. Ghosh, learned counsel for the appellant and also heard Mr. L. Perme, learned counsel for the respondents.

2. This MAC App, No. 04 (AP) 2021, is directed against the impugned judgment and award, dated 19.02.2021, passed by the learned Member, Motor Accident Claim Tribunal (for short, ‘MACT’), West Kameng District, Bomdila, Arunachal Pradesh in M.A.C. Case/No.6/17. It is also to be noted here that vide the impugned judgment and award, dated 19.02.2021, the learned Member, MACT, Bomdila has directed to pay a sum of Rs. 38,50,000/-along with interest @ 9% per annum, from the date of filing the claim petition till realization of the amount to the respondent No.1-Smti. Mebing Raje Bagang on account of death of her husband Late Tangum Bagang in the said accident.

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

“On receipt of one accident information 06.11.2015, at about 1745 hours, one police officer of Rupa Police Station rushed to place of occurrence i.e. Ramda Village, Thrizino Circle and on arriving at there he found that one Tata Sumo Gold vehicle, bearing registration No. AR-05-2843, with 11 passengers, including the driver Late Jarje Riang, which was coming from Naharlagun to Seppa had fell into the deep gorge from the road. And out of the 11 passengers, 7 (seven) passengers died on the spot and the remaining 4 (four) passengers sustained grievous injuries. The ill fated vehicle was in good condition before the accident and it was insured with the National Insurance Company Limited and the deceased driver had a valid driving license. Then, upon the said information, Rupa P.S. Case No. 32/2015, under Section 279/337/338/304 (A) IPC was registered and investigation was carried out which had culminated in submission of final report. The cause of accident was due to failure of steering and brake. Thereafter, the respondents herein filed a claim petition before the learned Member, MACT, Bomdila and after receiving notice; the appellant herein contested the case by filing written statement. Thereafter, hearing both the parties and considering the materials available on record, the learned Member, MACT Bomdila had passed the impugned judgment and award dated 19.02.2021, directed the appellant to pay a sum of Rs. 38,50,000/-along with interest @ Rs. 9% per annum, with effect from the date of filing the petition, to the respondents herein. Being aggrieved, the appellant preferred the present appeal challenging the judgment and award.”

4. Mr. B. Ghosh, learned counsel for the appellant submits that the impugned judgment and award suffers from manifest illegality on two counts. Firstly, Mr. Ghosh submits that the impugned judgment was passed by the learned Member, MACT, Bomdila without considering the fact that the driver and owner of the vehicle had violated the condition of permit which was granted for carrying 9 (nine) passengers as mentioned in the registration certificate of the offending vehicle, bearing Registration No.AR-05-2843, which is annexed with the appeal as Annexure-2. Secondly, Mr. Ghosh, submits that the driver of the offending vehicle possessed driving license of Light Motor Vehicle (Non-Transport category), but, the learned Member, MACT have not considered the said category of driving license of the driver which is enclosed with the petition as Annexure-3, while awarding compensation. Mr. Ghosh, further, submits that terms and condition of insurance policy is violated and as such, the impugned judgment and award passed by the learned Member, MACT, West Kameng District, Bomdila, Arunachal Pradesh is liable to be set aside. Mr. Ghosh however, has not disputed the monthly income of the deceased fixed by the learned member of the MACT at Rs.17,790/-. Mr. Ghosh has referred following three case laws in support of his submission:-

(i) Oriental Insurance