JUDGMENT :

MARLI VANKUNG, J.

1. Heard Mr. Uttam Deka, learned counsel for the appellant alongwith Mr. L. Bam, learned counsel for the respondents.

2. This is an application Under Section 173 of the Motor Vehicle Act, 1988 (as amended up-to-date) for interference of the judgment and award dated 10.06.2019 whereby and whereunder the learned Member of District Motor Accident Claim Tribunal of District Leparada at Basar, Arunachal Pradesh directed the appellant/opposite party to make payment of an illegal, unjustifiable amount of Rs. 34,04,600/- (Rupees thirty four lacs four thousand six hundred) only with an interest @ 8% p.a. towards claimant/present respondent as compensation.

3. Facts of the case in a nutshell is that on 20.12.2015 at about 4 P.M. Smti Moter Ado (respondent/claimant) boarded Tata Sumo No. AR-11/2502 which was plying between Kamba and Aalo as passenger vehicle to return to her home at Aalo after BA Final Semester Exam, at Donyl Polo Government College, Kamki, Kamba. The offending vehicle departed from Kamba at around 4:30 p.m. with single passenger but before reaching Kabu village in a mild curve area, the vehicle suddenly skid off the road towards left side and fell down into deep gorge and as a result driver of the offending vehicle (Sri Nyadar Ete) and respondent/claimant (Smti Mojum Ado) received injury and latter both had to be admitted to General Hospital Aalo.

4. That the respondent No. 2 (applicant) file a claim petition on behalf of respondent No. 1/claimant) before the learned member MACT Leparada District at Bassar whereby claimed compensation for receiving 80% disability and on the receipt of the claim petition the learned member MACT Leparada District at Bassar registered the case as BSR/MACT Case No. 08/2016 U/s 166 of MV Act 1988 and after prolong trial the learned member MACT passed the Judgment and Award dated 10.06.2019 at Bassar directing the present Appellant to make payment of Rs. 34,04,600/- only along with interest @ 8% p.a. from the date of the accident till date final realization within one month from the date of receipt of the impugned judgment and award.

5. The learned counsel for the appellant submits that the only grievance against the award amount is that the learned Tribunal had awarded an amount of Rs. 1,50,000/- under the head of loss of marriage prospects while the alleged respondent/claimant in the accident was already married to a Mr. Nyadar Ete Mojum at the time of the accident and has produced a medical certificate which was filed in the District Motor Accident Claim Tribunal during the trial of the case.

6. He further submits that during the trial of the matter before the learned Tribunal, this plea was not taken because they got to know that the respondent/claimant was also ready married only at a later stage.

7. Mr. L. Bam, learned counsel for the respondents, on the other hand has strongly objected stating that this plea was not taken during the trial before the learned Tribunal and that no such plea is mentioned in the appeal petition. The learned counsel for the claimant respondent submits that there is no marriage certificate to support the false claim of the appellant.

8. The learned counsel for the respondents further submits that in the appeal petition, the grounds for appeal are that, the claimant could not submit the vital documents alongwith his claim petition, and that the disability certificate submitted by the claimant/respondents was silent about the percentage of disability. That, all the vital documents have been duly exhibited in the trial court. And the documents also clearly show that there is 80% permanent disability caused to the injured victim/respondent. The learned counsel for the respondents has also brought to notice of this court the Judgment and Order passed this Co-ordinate Bench in MAC App. No. 06(AP) of 2018 dated 14.12.2012, wherein the court had enhanced the compensation for having sustained permanent disability 70% from Rs. 1,00,000/- to Rs. 2,00