ORIENTAL INSURANCE CO LTD Vs. LALMALSAWMI RALTE

JUDGEMENT

(1.) THE judgment and award, dated 15.02.2008, passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, is in challenge in this appeal, filed under Section 173 of the Motor Vehicles Act, 1988.

(2.) THE claimant-respondent No. 1 filed a claim case before the Motor Accident Claims Tribunal, Aizawl, claiming compensation amounting to Rs.17,00,000/-, due to the death of her father, namely, Lalsangvunga Ralte (L) (hereinafter called 'the deceased'). THE learned Member of the Tribunal granted compensation of Rs.15,05,080/- in favour of the claimant, payable by the appellant-opposite party No. 4 with interest thereon @ 9% per annum.

(3.) THOUGH the owners and the drivers of the said offending vehicles did not contest the claim, the opposite party No. 4 i.e. the appellant being the insurer of the said two Trucks, contested the claim, seeking permission under Section 170 of the M. V. Act and denied the involvement of the said two Trucks with the death of the deceased. On the other hand, M/S United Insurance Co. Ltd. i.e. the insurer of the Motor Bike, by filing written objection, contended that the owner of the said Pulsar Motor Bike did not pay additional premium to cover the accident benefit of the pillion rider and as such the answering insurer was not liable to pay any compensation.