NATIONAL INSURANCE CO LTD Vs. LALNUNTHARI

JUDGEMENT

(1.) This appeal, by the Insurance Company is directed against the quantum of compensation awarded by the learned Member, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 14/2008 vide judgment and award dated 23rd February, 2010, whereby and MAC Appeal No. 32/2010 Page 1 of 8 whereunder an amount of Rs. 3,88,500/-has been awarded as compensation for the death of the claimant/Respondent No. 1's son in a motor accident occurred on 9th January, 2008 at about 7-40 PM at Zodin Square in front of Mahatma Gandhi's statue, involving the motor vehicle bearing registration No. MZ-01/C-9167 (truck) belonging to the present Respondent No. 2 and the motor vehicle bearing registration No. MZ-04/2275 (motor cycle) belonging to the Respondent No. 3, in respect of which the deceased was the pillion rider.

(2.) The Respondent No. 1 herein filed an application under Section 166 of the Motor Vehicles Act, 1988 (in short, "the Act") claiming compensation of Rs. 6,00,000/-for the death of her son, who was about 18 (eighteen) years of age at the time of the accident. The said application was registered and numbered as MAC Case No. 14/2008. The Appellant/Insurance Company, on receipt of the summons entered appearance and filed the written statement objecting the prayer for grant of compensation. The Respondent Nos. 2 and 3 though were served, however, did not enter appearance and contest the said proceeding and as such, the said proceeding proceeded ex-parte against them. The claimant No. 1, in support of her claim, examined herself and 2 (two) other witnesses and proved a number of documents including the contract of insurance between the Appellant/Insurance Company and the owner of the offending vehicle, namely, truck. Though the Insurance Company has filed the written statement, no witness, however, has been examined.

(3.) The learned Tribunal upon appreciation of the evidences on record, passed the aforesaid judgment dated 23rd February, 2010 awarding a sum of Rs. 3,88,500/-as compensation, with simple interest @ 9% per annum from the date of filing the claim petition till realization and directing the Appellant/Insurance Company to satisfy the award, in view of the contract of insurance between the Appellant and the owner of the truck, the Respondent No. 2. Hence, the present appeal.