UNION OF INDIA Vs. BIAKKUNGI

JUDGEMENT

(1.) Heard Mr. Lalfakawma, the learned counsel for the appellant as well as Mr. Johny L. Tochhawng, the learned counsel for the respondents/ claimant Nos. 1 to 4.

(2.) This is an appeal filed by the Insurance Company against the Judgment and Award dated 14.12.2018, passed by the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 61/2017, whereby the compensation amount of Rs. 5,00,000/- and interest @ 7% p.a has been awarded to the claimants, due to the death of Shri Aminadala Akima in a motorcycle accident.

(3.) The facts of the case is that the husband of the claimant No. 1 and the father of the claimant Nos. 2 to 4 died in a motorbike accident on 14.01.2017 at Bilkhawthlir. The motorcycle bearing MZ 01-H/1707, which was owned by C. Lalrinmawia of Durtlang Leitan was driven/ fell off a cliff. The deceased had borrowed the motorcycle from the owner. The claimants thereafter filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988. The owner of the vehicle contested the case by filing a written statement stating that he had sold the bike in the year 2015 to one Zarzokima of Bilkhawthlir and accordingly, he had no liability.