IMPORTANT POINT
The main legal point established is that in motor vehicle accident claims, the fault of the driver can be established based on witness testimony, and the award of future medical expenses and the interest rate on the awarded amount are upheld in accordance with the Motor Vehicle Act and relevant Supreme Court decisions.

JUDGMENT :

1. Heard Mr. PfosekhoPfotte, learned counsel for the appellant and Mr. B. N. Sarmah, learned counsel for the respondent No. 1.

2. This is an appeal under section 173 of the Motor Vehicle Act, 1988 filed against the impugned judgment and award dated 10.10.2019 passed by the learned Member, Motor Accident Claims Tribunal, Mokokchung, Nagaland in MACT case no. 44/2017.

3. The brief fact of the case is that on 19.08.2017, during the course of employment while the respondent/claimant was travelling in the vehicle No.AS-01-GC/9161 from Dhekiajuli to Tezpur and on the way at Bihaguri, due to rash and negligent driving of the driver of the offending vehicle, the vehicle fell down into the deep trench as a result, the claimant sustained grievous injuries and became permanently disabled. Having sustained injuries, the claimant has taken treatment at different hospital and incurred huge number of expenditures. After receiving treatment, the claimant filed a claim petition before the MACT against the respondent/appellant claiming a compensation of Rs. 15,69,600/-.The case was contested by the respondent/appellant by filing written statement and denied the liability of the appellant.

4. The claimant produced evidence of two witnesses and exhibited certain documents including Police report, registration certificate, fitness certificate, MVI report and driving licence of the driver and proved that at the material time of accident the offending vehicle was under possession of all valid documents. However, the Insurance Companydid 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. Accordingly, by the judgment and order dated 10.10.2019 awarded an amount of Rs. 12,56,000/-(Rupees Twelve lakhs fifty-six thousand) only and directed the appellant to deposit the awarded amount along with the interest @ 9% per annum from the date of filing of the claim petition i.e., from 07.12.2017 until the payment within the period of 30 days from the date of the said order.

6. Being aggrieved, the appellant has preferred this memorandum of appeal. However, the learned counsel for the appellant had confined his argument on the following grounds:

(i) That the learned Tribunal has failed to take into consideration that the claimant has not submitted the disability certificate to establish 60 % disability, as such, the award suffers from miscarriage of justice.

(ii) That the learned Tribunal has failed to consider that the claimant has failed to prove the fault of the driver of the insured vehicle in causing the accident by adducing evidence and thus arbitrarily fastened the liability upon the insurer of the vehicle.

(iii) That the learned Tribunal has erred in law by awarding on the head – “Future medical expenses” for Rs. 50,000/- which is not in conformity with law as no medical documents has been submitted before the Tribunal regarding the need for future treatment.

(iv) That the learned Tribunal has awarded an interest at the rate of 9 % per annumin violation of law laid down in Sarala Verma and others vs. Delhi Transport Corporation and other reported in (2009) 6 SCC 121 and the Code of Civil Procedure, 1908, in as much as, the M.V. Act, 1988 under section 171 has not prescribed any specific rate of interest.

7. Based on the grounds stated above, the appellant prays that the impugned judgment and award dated 10.10.2019passed by the learned Tribunal in MAC case no. 44/2017 be set aside and quashed.

8. Mr. B. N. Sarmah, learned counsel for the respondent submits that 50% of the awarded amount of Rs. 6,28,000/- has already been deposited by the appellant vide cheque No. 226998 dated 09.12.2022 with the Registry and the same was allowed to be withdrawn by the respondent /claimant. Opposing the submission made by the learned cou