NEW INDIA ASSURANCE CO. LTD. Vs. SONITA WANKHAR

JUDGEMENT

(1.) This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 impugning the judgment and order dated 23.02.2018 passed by the Motor Accident Claims Tribunal (in short 'MACT) in MAC Case No. 61 of 2005.

(2.) Briefly, the facts may be noticed. An accident took place on 19.12.2004 at Kseh Bilat Laitkor Mawri involving a truck bearing registration No. ML 05 6194 belonging to Shri Jied Kharkrang (respondent No. 2) and driven by Shri Mibor Pyngrope (respondent No. 3) wherein, four persons were injured and one died. The truck was insured with the appellant - Insurance Company. MAC 61 of 2005 had been filed through mother of respondent No. 1 herein claiming compensation on account of the death of her daughter Sonita Wankhar aged 11 years.

(3.) The MACT framed the following issues:-