(1.) This is an appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended upto date) challenging the judgment and award dated 29.03.2019 passed by the learned Member, Motor Accident Claims Tribunal, Shillong (in short the "Tribunal") in M.A.C. Case No.42 of 2012, whereby, compensation to the tune of ?10,59,200/- has been awarded to the claimant along with interest @ 9% per annum from the date of filing of the petition i.e. 19.09.2012 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.) The appellant claims that the deceased Shri Bir Bahadur Lama was travelling in the Maruti Omni Van which was hit by Shaktiman truck which was driven in a rash and negligent manner on the wrong side of the road by the driver as per the FIR dated 10.11.2011 filed by one Shri Lamsar Rymbai. Thereafter, police had registered the case as Jowai PS Case No.161(11)2011 under Sections 279/427/338/304A IPC against the driver of Shaktiman truck namely Shri Nihon Dan (respondent No.3).