NEW INDIA ASSURANCE CO. LTD. Vs. KAROLINE WANKHAR

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (for brevity the M.V. Act) challenging the judgment and award dated 15.03.2018 passed by the learned Member, Motor Accident Claims Tribunal, Shillong (in short the "Tribunal ") in M.A.C. Case No.99 of 2007 re-registered as MAC No.119 of 2013, whereby, compensation to the tune of Rs. 3,74,342/- has been awarded to the claimant along with interest @ 9% per annum from the date of filing of the petition i.e. 19.12.2007 till payment. The liability has been fastened upon the appellant-Insurance Company. Hence, the present appeal has been filed.

(2.) Briefly, the relevant facts as narrated in the appeal may be noticed.

(3.) As per the claim petition, on 14.11.2007 at about 12 noon there was a motor vehicle accident at St. Edmunds 's College Campus, Shillong, East Khasi Hills District involving Maruti Van bearing registration No.ML 05 C 8456 and during the said accident, the respondent No.1/claimant had sustained severe injuries as a result of which 4th and 5th toe of her left leg had to be amputated. According to the appellant, the accident was caused due to rash and negligent driving of Shri Manna Das, helper of vehicle bearing registration No.ML 05 C 8456 who obtained the key from the driver of the said vehicle Shri Khem Bdr. Thapa (respondent No.3 herein). Thereafter, police had registered a case as Laitumkhrah P.S. Case No.91 (11) 07 under Sections 279/338 IPC against respondent No.3.