NEW INDA ASSURANCE CO LTD Vs. SANGZUALI

JUDGEMENT

(1.) This is an appeal under Section 173 of the Motor Vehicle Act, 1988 directing against the impugned JUDGMENT & ORDER passed on 28.7.99 by learned Presiding Officer, MACT, Aizawl in MACT Case No. 86/97 wherein the appellant was directed to pay a sum of Rs.6,57,600/- to the claimant as compensation.

(2.) I have heard Mr. G. Raju, learned counsel for the appellant as well as Mr. A.R.. Malhotra, learned counsel for the respondents.

(3.) The brief facts of the case are that the respondent No. 2 is the owner of the Marutti Taxi MZ-01 /6891 which met with an accident in between Selesih and Sihphir on 31.5.97 around 6 PM causing the death of the husband of the respondent No. 1 who was one of the passengers. The claimant respondent No. 1 filed a claim petition before the learned Motor Accident Claims Tribunal, Aizawl claiming Rs.17,82,000/- (Rupees Seventeen lakhs Eighty Two thousand) as compensation for the death of her husband. The said claim petition was registered as MACT Case No. 86/97. The present appellant Insurance Company as Opposite party No. 2 contested the claim by filing a written statement. After considering the evidence on record and hearing the learned counsel for the parties learned Presiding Officer, Motor Accident Claims Tribunal, Aizawl awarded an amount of Rs. 6,57,600/- as final compensation to the claimant respondent No. 1 and the appellant was directed to pay the amount within a period of one month, failing which to pay interest at the rate of 12% per annum from the date of filing of the claim petition till realisation-hence this appeal under Section 173 of the Motor Vehicles Act, 1988 before this court.