NEW INDIA ASSURANCE CO LTD Vs. VANRAMPARI

JUDGEMENT

(1.) This appeal, by the Insurance Company, is directed against the direction issued vide judgment and award dated 12th October, 2009 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 21/2008, to pay the compensation of Rs. 4,89,500/-with interest @ 9% per annum from the date of filing the application till the date of realization, awarded for the death of the claimant/Respondent No. 1's husband in a motor accident occurred on 17th October, 2007, where the deceased was traveling as detailed by the owner of the vehicle bearing registration No. MZ-01/C-2745.

(2.) The aforesaid MAC case was registered on the basis of the application filed by the Respondent No. 1 claiming compensation for the death of her husband in the said motor accident occurred on 17th October, 2010. While the Insurance Company, who was the opposite party No. 1 contested the proceeding before the learned Tribunal, the owner of the vehicle involved in the accident, the Respondent No. 2 herein, did not contest the said proceeding despite service of notice and hence the proceeding was decided ex-parte against him.

(3.) The claimant/Respondent No. 1 in support of her claim examined herself and proved a number of documents including the contract of insurance between the Appellant/Insurance Company and the Respondent No. 2, the owner of the vehicle involved in the accident. The Insurance Company also examined 1 (one) witness, who deposed relating to the coverage of the risk of the owner of the vehicle under the policy issued, which was marked as Exhibit-C/5.