NATIONAL INSURANCE CO LTD Vs. K. TUCHHUANA

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, learned counsel for the appellant Insurance Company and Mr. L.H. Lianhrima, learned senior counsel appearing for the respondent Nos. 1 to 4.

(2.) This appeal has been filed by the appellant Insurance Company, which insured the LPK Tipper bearing registration No. AS-11 BC-6999 owned by the respondent No. 5. The respondent Nos. 1 to 4 are the father, mother and two sisters of the deceased respectively. The respondent No. 6 is the driver of the LPK Tipper. The appeal has been filed against the Judgment & Award dated 12.06.2019 passed by the MACT, Aizawl in MACT Case No. 53/2017, by which compensation amount of Rs. 39,55,000/- has been awarded to the claimants, alongwith interest @ 7% per annum from the date of filing of the claim petition till final payment.

(3.) The brief facts of the case is that the respondent Nos. 1 to 4, who are the claimants filed MACT Case No. 53/2017 due to the death of K. Lalruatpuia, 29 years, who died in a vehicular accident on 10.07.2017, involving a Truck (LPK Tipper) bearing registration No. AS 11 BC 6999 and bike No. MZ 04 6332, in which the deceased was the pillion rider. While the bike driver sustained injury on his hand due to the accident, the pillion rider (deceased) succumbed to his injury after arriving in the Civil Hospital, Aizawl.