IMPORTANT POINT
The main legal point established is the liability of the insurer to pay compensation for injuries sustained due to negligent driving, as well as the entitlement to interest under Section 171 of the Motor Vehicle Act.

JUDGMENT :

1. This appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the impugned judgment and order dated 22.10.2019 passed by the learned Motor Accident Claims Tribunal, Mokochung, Nagaland in MAC Case No. 43 of 2017.

2. The facts of the case in brief are that on 28.04.2017, the respondent/claimant was travelling from North Lakhimpur to Guwahati in the vehicle bearing No. AS-07J/0666 (Chevrolet Beat car). At about 4.30 AM, near Golchoak Borghat Bye Pass, due to rash and negligent driving, the driver of the vehicle lost control and collided with two guard post of the road side and rolled down below the road. As a result, the claimant sustained grievous injuries all over his body for which he was admitted in the Civil Hospital for treatment. The vehicle also got badly damaged in the said accident. The claimant had undertaken treatment at different hospitals and also undergone many operations. However, despite of such treatments, the claimant could not be cured fully and became permanently disabled. Hence, the claimant filed a claim petition before the Motor Accident Claims Tribunal, Mokokchung, Nagaland claiming a compensation of Rs. 34,90,400/- (Rupees Thirty-four lakhs ninety thousand four hundred).

3. The case was contested by the respondent/appellant by filing a written statement. After considering the pleadings the learned Tribunal framed 4 (four) issues:

(i) Whether the claimant sustained grievous injuries and became permanently disabled due to rash and negligent driving of the driver of the offending vehicle No. AS-07J/0666 (Chevrolet Beat car)?

(ii) Whether at the material time of accident the offending vehicle was possessing all valid and effective documents including driving license?

(iii) What is the age, avocation and income of the claimant at the time of accident?

(iv) Whether the claimant is entitled to any compensation If yes, what amount and payable by whom?

4. During trial, the claimant examined himself as PW-1 and exhibited certain documents including Police report, Insurance policy of the vehicle, MVI report, driving license of the driver and proved that at the time the material time of accident the offending vehicle was under possession of all valid documents. He also produced medical documents including disable certificate, salary certificate to show his treatments for injuries and expenses incurred for his treatment. However, the Insurance Co. did not produce any witness.

5. After conclusion of the trial, the learned Tribunal on consideration of the material available on record and upon hearing the parties, came to the conclusion that the claimant is entitled to receive compensation and the insurer is liable to pay such compensation. The learned Tribunal while deciding the issue (i) held that the accident dated 28.04.2017 was the result of rash and negligent driving of the owner cum driver of the offending vehicle due to which the claimant sustained grievous injuries and became permanently disabled. The issue No. (ii) was also decided in affirmative in favour of the claimant. The issue No. (iii) was settled in favour of the claimant basing on the salary certificate of the claimant exhibited as P-8 for ?24,000/- (Rupees Twenty-Four Thousand only) per month. While deciding issue No.3, the learned Tribunal had considered Rs.14,000/-(Rupees Fourteen thousand only) as monthly income for assessment of the compensation and as the claimant at the time of accident was aged about 24 (twenty-four) years relevant multiplier was given as per the decision in the Sarla Verma’s case. And with regards to issue No. (iv), the learned Tribunal has decided in affirmative and the total amount payable have been calculated as Rs. 9,80,065/-(Rupees Nine lacs Eighty Thousand and Sixty Five) only. The learned Tribunal also decided that the claimant is entitled to the interest at 9% per annum from the date of filing of the claim, i.e. from 17.12.2017 until payment against the awarded amount. And by the judgment and