JUDGMENT :

Mridul Kumar Kalita, J.

1. Heard Ms. Moajungla, learned counsel for the appellant. Also heard Mr. P.B. Chetry, learned counsel for the respondents No. 1 to 4 and Mr. Y.P. Gupta, learned counsel for the respondent No. 5. None has appeared for the respondent No. 6.

2. This MAC Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, by the appellant, namely, the Divisional Manager, National Insurance Company Limited, Dimapur, Nagaland impugning the judgment and award dated 02.08.2021 passed by learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland in MAC Case No. 49/2018, whereby the appellant was directed to pay a compensation amount of Rs.6,14,500/-(Rupees Six Lakh Fourteen Thousand Five Hundred only) to the claimants with an interest @ 9% per annum from the date of filing of the claim petition till full satisfaction of the award.

3. The facts relevant for adjudication of this appeal, in brief, are as follows:-

(i) That on 05.01.2018, at around 3:00 p.m., one Shanta Bahadur was hit by a Tata Truck bearing registration No. NL-01-K-6895 at No Entry Point of Khathikho, Nepali Basti, Senapati, Manipur along National Highway No. 2 at 5 K.M. North of Senapati Police Station. It was alleged that the accident occurred due to rash and negligent driving of the said Tata truck bearing registration No. NL-01-K-6895 at a restricted area by the driver of the said truck.

(ii) The wife and children of late Shanta Bahadur filed the above mentioned Motor Accident Claims case before the Motor Accident Claims Tribunal, Dimapur, Nagaland claiming compensation for the death of late Shanta Bahadur in the vehicular accident stated herein before. The present appellant was arrayed as Opposite Party No. 3 in the said claims case. The present appellant contested the claim by filing written statement and participating in the inquiry. However, after completion of the inquiry learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland passed an award in favour of the claimants (respondents No. 1 to 4 in the present appeal) directing the present appellant to pay a compensation amount, as stated herein before, to the claimants.

4. Ms. Moajungla, learned counsel for the appellant, while making her submission has stated that the main ground on which this appeal has been preferred is that the learned Member, Motor Accident Claims Tribunal, Dimapur has failed to take into consideration that the driving license of the driver of the offending vehicle bearing registration No. NL-01-K-6895 was found to be fake and in spite of the said finding the present appellant was directed to pay compensation to the claimants (respondents No.1 to 4 in the present appeal) by overlooking the Apex Court’s guidelines in this regard as well as failed to exercise its power judiciously.

5. On the other hand, Mr. Y.P. Gupta, learned counsel for the respondent No. 5 has submitted that while discussing the Issue No. 3 in the impugned judgment and award passed in MAC Case No. 49/2018, learned Member, Motor Accident Claims Tribunal, Dimapur has considered the plea of the opposite party No. 3 (present appellant) regarding possession of a fake driving license by the driver of the offending truck bearing registration No. NL-01-K-6895 and has aptly dealt with the submission in light of the observations made by Hon’ble Apex Court in the judgments cited by learned counsel for the claimants.

6. Mr. Y.P. Gupta, learned counsel for the respondent No. 5 has further submitted that the owner of the offending vehicle bearing registration No. NL-01-K-6895, while deposing as DW-2 before learned Member, Motor Accident Claims Tribunal, Dimapur in the MAC Case No. 49/2018 has deposed that he became aware of the fact that Shri Dinesh Chetry (driver of the offending vehicle) was having a fake driving license only when he received investigation report and he had no knowledge that Mr. Dinesh Chetry was possessing a fake driving license and he has further deposed that he had kept