LALRINZUALI Vs. LALRAMTIAMA

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, the learned counsel for the appellants and Mr. Roshan Subedi, learned counsel for the respondent No. 2. No one appears for the respondent No. 1 despite notice.

(2.) This is an appeal filed by the appellants who were claimants before the Motor Accident Claims Tribunal, Aizawl (the Tribunal), praying for enhancement of the Award made by the Tribunal vide its Judgment and Award dated 19.07.2019 in MACT Case No. 26/2017.

(3.) The brief facts of the case is that the brother of the appellants Sh. Lawmkima, aged 33 years died in a road traffic accident on 20.04.2016 at around 7:15 p.m, while travelling in an Auto-rickshaw bearing registration No. MZ 05 - 7367, driven by the owner if the Auto-rickshaw (respondent No. 1). Besides the deceased, there was another co-passenger in the Autorickshaw. The Auto-rickshaw met with an accident by running into a sidedrain and was stuck on the road side. As a result, the brother of the appellants succumbed to his injuries at a District Hospital in Kolasib. The deceased at the time of his death was a practicing advocate and enrolled as such in the year 2011. He was practicing under the guidance of his senior and was earning a sum of Rs. 33,000/- per month approximately. The accident vehicle was validly insured with the respondent No. 2. As a result of the accident and the death of the deceased, the appellants as sisters of the deceased filed a claim application before the Tribunal.