NEW INDIA ASSURANCE CO. LTD Vs. PUNI MAO

JUDGEMENT

(1.) By order dtd. 25/2/2019, the Motor Accident Claims Tribunal, Senapati, accepted the prayer of the claimant in M.A.C.(D) Case No. 1 of 2019 and directed New India Assurance Company Ltd., respondent No. 1 therein, to pay a sum of Rs.50,000.00 (Rupees Fifty Thousand) to her as interim compensation in relation to the death of her husband, Losii Nipuni @ Nepuni Losii @ Nipuni Pukeni Losii, under Sec. 140 of the Motor Vehicles Act, 1988 (for brevity, the Act of 1988), within 30 days and in default, to pay interest thereon @ 6 % per annum. Aggrieved thereby, New India Assurance Company Ltd. is in appeal.

(2.) Heard Mr. A. Deni Sharma, learned counsel for the appellant; and Mr. S. Suresh, learned counsel for respondent No. 1, viz., the claimant.

(3.) Losii Nipuni, the claimant 's husband, died in a car accident on 28/10/2018. The accident occurred near Martyr 's Park, about 2 Kms away from Mao Police Station, while he was driving his daughter 's Maruti Swift Dzire car. Admittedly, no other vehicle was involved in the accident which occurred due to brake failure, as per the report of the Inspector (Mechanics) Motor Vehicles Department, Government of Manipur. F.I.R. No. 10(10) 2018 was however registered by Mao Police Station under Ss. 279, 338 and 304-A IPC, stating that the accident occurred due to rash and negligent driving of the vehicle by the claimant 's husband. She filed M.A.C.(D) Case No. 1 of 2019 under Sec. 166 of the Act of 1988 seeking compensation to the tune of Rs.1,72,00,000.00 (Rupees One Crore Seventy-Two Lakh) along with a prayer for interim compensation of Rs.50,000.00 (Rupees Fifty Thousand) under Sec. 140 of the Act of the 1988.