NEW INDIA ASSURANCE CO LTD Vs. R SANGKHUMA

JUDGEMENT

(1.) The judgment and award, dated 29.9.2009, passed by the Learned Member, Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No. 41 of 2008, has been challenged by the insurer of the offending vehicle, by filing this application under Article 227 of the constitution of India.

(2.) The Respondent No. 1's son R. Laldingpuia, aged about 32 years (hereinafter called 'the deceased'), met with a vehicular accident, on 22.4.2008, involving the offending vehicle No. MZ-01-B-2129, belonging to the Respondent No. 2. The said vehicle was insured with the New India Assurance Company Ltd., i.e., the revision Petitioner. Due to the said vehicular accident, the deceased died leaving behind his father, i.e., claimant, his wife and three minor children. The father of the deceased filed the claim petition, claiming compensation, due to the death of the deceased. The opposite parties, i.e., the owner and the insurer of the vehicle, contested the claim, by filing written statements. Upon the pleadings of both the parties, the learned trial Judge framed the following issues for deciding the matter: -

(3.) Whether the claimant is entitled to any compensation and if so, who is liable to pay and to what extent?