JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. J. Ahmed, learned counsel for the appellant. Also heard Ms. M. Choudhury, learned counsel for the respondent/Insurance Company.

2. The present appeal under Section 173 of the Motor Vehicles Act, 1988 is preferred against the Judgment and Award dated 26.09.2017, passed by the learned Court of Additional District Judge No. 2, Kamrup (Metro) at Guwahati in MAC Case No. 497/2015 wherein the owner and the driver of the offending vehicle have been directed to pay compensation of Rs. 9,60,000/- along with interest @ 9% per annum from the date of filing of the claim petition till realization.

3. The claimant is aggrieved by the aforesaid judgment only on the ground that the learned Court below ought to have directed the insurance company to pay the amount so awarded and to recover the same from the owner and the driver of the offending vehicle inasmuch as there were no dispute that the vehicle was having valid insurance policy covering third party risk on the date of accident.

4. The insurance company has not assailed such judgment for obvious reasons. Thus, there is no dispute as regards the entitlement of compensation as claimed by the claimant a