KUSHAL LAHAN Vs. MAYUR PANKHI CHETIA PHUKAN

JUDGEMENT

(1.) THIS appeal by the owner of the motorcycle bearing Registration No. AS-01/p-0945 is directed against the judgment and order dated 19. 11. 2004 passed by the learned Member, Motor Accident Claims Tribunal, Sivasagar in MAC Case No. 64/2003 awarding a sum of Rs. 12,15,000/- with interest as compensation in favour of the respondent No. 1 and directing him to pay the said amount of compensation by holding that the accident occurred due to his negligence.

(2.) AN application under Section 166 of the Motor Vehicles Act, 1988 (in short, "the Act") was filed by the present respondent No. 1 before the Claims Tribunal, registered as MAC Case No. 64/2003, against the appellant, owner of the motorcycle bearing Registration No. AS-01/p-0945, the owner of the Santro car bearing Registration No. AS-01/l-9143 (respondent No.

(3.) THE appellant in the written statement while admitting the accident has contended that the accident occurred due to rash and negligent driving of the Santro car by the driver. It has further been contended that the appellant had valid driving license at the relevant point of time and the vehicle was duly insured with the respondent Insurance Company.