LAWS(GAU)-2010-11-31

LALNUNMAWII Vs. NATIONAL INSURANCE CO LTD

Decided On November 25, 2010
LALNUNMAWII Appellant
V/S
NATIONAL INSURANCE CO. LTD Respondents

JUDGEMENT

(1.) THIS review petition filed under Section 114 of the Civil Procedure Code, 1908 (hereafter called 'CPC') read with Order 47, Rule 1 of CPC, is directed against the judgment and order, dated 05.09.2007, passed in MAC Appeal No. 32 of 2005.

(2.) THE claimant-respondent i.e. the review petitioner's case is that on 26.08.2001, at 6.55 p.m, she was hit by a Scooter bearing Registration No. MZ-01/B-0113 on the road. THE said vehicle was covered by the insurance policy issued by M/S National Insurance Co. Ltd. In the said accident, the claimant sustained 45% permanent disability in respect of her upper limbs. Accordingly, she filed a claim case being MAC Case No. 100 of 2003, claiming compensation for the disability suffered by her. THE said claim case was contested by the insurer by filing a written statement and prayed for dismissal of the same. THE learned trial Judge, upon the pleadings of the parties, framed the following issues:

(3.) I have heard Mr. S. N. Meitei, learned counsel, appearing for the petitioner and Ms. Helen Dawngliani, learned counsel, appearing for the respondents.