NEW INDIA ASSURANCE COMPANY LTD Vs. B LALROSANGA

JUDGEMENT

(1.) This appeal, by the Insurance Company is directed against the judgment and award dated 22nd February, 2010 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 84/2002, whereby and whereunder an amount of Rs. 2,97,833/-has been awarded as compensation for the death of the claimant/ Respondent No. 1's mother in a motor accident occurred on 4th May, 1999, arising out of the use of the motor vehicle bearing registration No. MZ-02/2267 (407 Tata Mini Truck), resulting in the death of the claimant's mother.

(2.) The claimant filed an application under Section 163-A of the Motor Vehicles Act, 1988 (in short, "the Act") claiming compensation for the death of his mother in the aforesaid accident. The said application was registered and numbered as MAC Case No. 84/2002. The Appellant/Insurance Company, on receipt of the summons entered appearance and filed the written statement. The owner of the offending vehicle initially, however, did not file the written statement, which was filed subsequently after remand.

(3.) The learned Tribunal initially vide judgment dated 28th March, 2005 awarded the compensation of Rs. 3,33,000/-, for the death of the claimant's mother, against the owner of the offending vehicle, however, with a direction to the Insurance Company to satisfy the said award and to recover it from the owner subsequently. The said judgment and award was put to challenge by the Insurance Company before this Court in MAC Appeal No. 62/2005, which appeal was disposed of vide order dated 6th February, 2008 remanding the case to the learned Tribunal for deciding afresh, after giving opportunity to both the parties to adduce additional evidence, both oral and documentary, with regard to the coverage of risk of the owner of the offending vehicle relating to the passenger carried in the said commercial vehicle.