Insurer's right to appeal against compensation awards is limited unless conditions under Section 170 of the Motor Vehicles Act are satisfied.

JUDGMENT :

RAJESH MAZUMDAR, J.

Heard Mr. Z. Kulnu, learned counsel for the appellant and also heard Mr. N. Mich, learned counsel for the opposite party/respondent No.1 and Mr. N.K. Luikham, learned counsel for the opposite party/respondent No. 2 & 3.

2. These two appeals arises out of the common judgment and award dated 04/02/2021 in MAC Case No. 84/2015 and MAC Case No. 85/2015 passed by the learned MACT, Dimapur, Nagaland. The appeals have been preferred by the Insurer namely, the Oriental Insurance Company Limited, Dimapur. By the said award, the learned Tribunal had granted the compensation to the claimant in the MAC case in the following manner;

“MAC 84/2015

The interim award of Rs.25,000/- is deducted from the total compensation amount.

Accordingly, Rs. 15,54,000/-minus Rs.25,000/ =Rs.15,29,000/-(Rupees Fifteen lakhs Twenty Nine thousand) only.

“MAC 85/2015:

The Interim award of Rs.25,000/- is deducted from the total compensation amount.

Accordingly, Rs.14,24,300/- minus Rs.25,000/- = Rs.13,99,300/-(Rupees Thirteen lakhs ninety Nine thousand three hundred) only.

The awarded amount shall be paid to the claimants with interest thereon at the rate of 9% per annum from the date of filing the claim petition till full satisfaction of the award. The O.P no.3/ Oriental Insurance Company Limited is directed to pay the award within one month from the date of this order. Interest shall not accrue on the future medical expenses.

Given under my hand & seal of this Court on this the 04th day of February 2021.”

3. The brief facts leading to the filing of this appeal is that on the fateful day on 01/07/2014, the claimants herein were driving in a Maruti Ecco bearing Registration No. NL-01/T-8212 from Dimapur towards Kohima and while reaching Phirema area the said vehicle was hit by a truck bearing Registration No. NL-07/A-0370 (Truck) coming from the opposite direction towards Dimapur side. The claimant in MAC Case No. 84/2015 sustained grievous multiple injuries and was admitted to the hospital on the day of the accident with fracture of the left femur and was discharged on 11/07/2014. The claimant in MAC Case No. 85/2015 suffered grievous injuries on his body including his right eye, fractured tooth and multiple facial bone fracture which ultimately rendered him a physically disabled person who cannot do hard work, was unable to open his jaw properly or laugh or speak clearly and developed blurred vision on his right eye.

On receipt of the notice issued by the learned Tribunal, the owner of the driver of the offending vehicle (truck) filed their written statement as opposite party No. 1 and opposite party No.2. The Opposite party No. 3 i.e. the Oriental Insurance Company Limited, who is also the appellant in these two appeals had filed their written statement.

The O.P 1 and 2 i.e. the owner and the driver of the offending vehicle filed written statement in both the claim petitions contending that the age of the claimants are not supported by documentary proof. And that the claimants cannot claim exorbitant future contingent income. O.P 1 and 2 also stated that the accident occurred due to the rash and negligent driving of O.P 5, driver of the Maruti Ecco which was coming at a very high speed on the wrong side and thus