ORIENTAL INSURANCE CO LTD Vs. TLANGNGAIHZUALI

JUDGEMENT

(1.) This is an appeal filed by the appellant Insurance Company against the Judgment & Award dated 23.04.2019, passed by the Presiding Officer, Motor Accident Claims Tribunal, Aizawl (the Tribunal) in MACT Case No. 36/2016, awarding a sum of Rs. 97,93,016/- (Rupees Ninety seven lakhs ninety three thousand and sixteen) only alongwith interest @7% per annum, from the date of filing of the claim application to the claimants for the death of the deceased, who was the husband and father of the claimant Nos. 1 & 2 respectively. The claimant Nos. 1 & 2 are arrayed as respondent Nos. 1 & 2 in the instant appeal. The respondent No. 3 is the owner of the accident vehicle, which was insured with the appellant Insurance Company and was arrayed as Opposite Party No.1 in the claim before the Tribunal. Having regard to the grounds taken by the appellant, the appeal is taken up for disposal at the admission stage itself, as agreed to by the learned counsels appearing for the parties.

(2.) Heard Mr. Vanlalnghaka, the learned counsel for the appellant as well as Mr. Zochhuana, the learned counsel appearing for the respondent Nos. 1 & 2.

(3.) The facts of the case in brief is that the husband of the respondent No. 1 and father of the respondent No. 2, Sh. Lalthanzauva, aged about 24 years, on 10.08.2014 at around 12:24 PM, while travelling in a Tata Sumo tourist vehicle bearing registration No. AS11-BC-3076 and proceeding from Mizoram towards Guwahati, upon reaching Lad-Mukhla village (Meghalaya) in National Highway 44 met with an accident by colliding against one truck bearing Registration No. NL01-K-1588 coming from the opposite direction. The Tata Sumo vehicle was driven by Sh. Laltlanzova, S/o L.V. Zuia of Thakthing Venghnuai. As a result of the accident, both the vehicles were badly damaged. There were 8 (eight) occupants in the Tata Sumo vehicle including the driver. 7 (seven) of the passengers including Sh. Lalthanzova received serious injuries on their person, while one of the passengers Sh. Abishek Mahindra Bhimani expired on the spot. Sh. Lalthanzova succumbed to his injuries, while being taken to NEIGRIHMS, Shillong. As a result, an FIR was filed and investigation conducted by the concerned Investigating Officer. After the investigation was completed, charge sheet vide CS No. 150/2014 dated 10.10.2014 was filed. The respondent Nos. 1 & 2 thereafter filed a claim application before the Tribunal claiming a sum of Rs. 1,01,73,016/-, as compensation under Section 166 of the Motor Vehicles Act, 1988 (MV Act). According to the claimants, the deceased was a Sepoy in the Indian Army. He joined the 9th Assam Regiment on 29.06.2007 and his Army No. was 04374720N and he was earning a monthly income of Rs. 44,551/-. According to the claimants, the accident occurred due to the rash and negligent driving of the driver of the accident vehicle. The accident vehicle was validly insured with the appellant Insurance Company having a validity w.e.f. 04.10.2013 to 03.10.2014 and as such, the claimants were liable to be compensated for the death of the deceased on whose salary they were solely dependent upon.