P.K.MUSAHARY, J. - (1.) Heard Mr. A. Khan, learned counsel for the appellant Insurance Company and Mr. H. Nongkhlaw assisted by Mr. S. M. Wahlang, learned counsels, for the respondents.
(2.) This appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988, against the Judgment & Order dated 17.08.2007, passed by the Member, Motor Accident Claim Tribunal, Nongpoh, in MAC Case No. 02/2006 awarding a sum of Rs. 2,39,600/- as compensation to the claimant on account of death of his nephew in a motor vehicle accident. The case, in brief, leading to filing of this Appeal are that, on 29.01.2004, at about 6 p.m., a motor vehicle accident took-place near Army Pump House, at Mawiong under Police Station Umiam (Barapani) in Ri-bhoi district of Meghalaya, involving the Bazar Bus bearing Registration No. ML-05-D-1962 belonging to respondent No. 2 Sri Ferdinand Jywra, insured with the appellant Insurance Company and in the said accident, one Karminus Marwein, who was travelling in the said Bus died on his way to Civil Hospital, Shillong. He was aged about 19 years and a student of Class-VIII, who according to the claim petition, was contributing Rs. 300/- per month to the claimant. An accident case being No. 5(1)2004 was registered under Sections 279/337/338/427/304A of I.P.C. in the Umiam Police Station in this respect. The respondent No. 1 being the Uncle of the deceased filed a claim petition under Section 166 read with 140 of Motor Vehicle Act, 1988, for granting Rs. 10,30,000/-, before the Member, Motor Accident Claim Tribunal, Nongpoh, which was registered as MAC Case No. 02/2006. The appellant Insurance Company filed written statement refuting almost all the charges and denying liability for compensation. The respondent Nos. 2 and 3, owner and driver of the said motor vehicle, neither appeared nor contested the claim. The appellant Insurance Company, therefore, filed an application under Section 170 of the Motor Vehicle Act, 1988, praying before the learned Tribunal to allow it to contest the case on all counts. The learned Tribunal framed as many as 4 issues and examined 4 witnesses adduced by the claimant respondent and after taking into the evidence and materials on record and hearing the parties, the learned Tribunal awarded the compensation aforesaid vide impugned Judgment & Order dated 17.08.2007.
(3.) At the time of hearing, Mr. Khan, learned counsel appearing for the appellant Insurance Company, submits that although several grounds were taken-up in the appeal, he would like to assail the award on quantum calculated on the basis of application of wrong multiplier and breach of policy of the contract of Insurance.;