NEW INDIA ASSURANCE CO Vs. NAZMA BEGUM

JUDGEMENT

(1.) Heard Mr. I. Imsang, learned Counsel for the Appellant and Mr. Kakheto Sema, learned Counsel for the Respondent Nos. 1 to 4 and Mr. N. Mozhui, learned Counsel for the Respondent No. 5.

(2.) This appeal is directed against the judgment and award dated 26.2.2010 rendered by the learned Member, MACT, Dimapur (for short, "MACT") in MAC Case No. 117/2008 whereby and where under, the Appellant has been directed to pay Rs. 6,0,400/-only after deduction of interim award of Rs. 50,000/-to the Respondents/claimants by way of cheque/ demand draft within 30 days from the date of order failing which interest at the rate of Rs. 9 % p.a shall be added to be awarded amount from 18.6.2008 i.e. the date of filing of the claim petition till awarded sum is fully realized.

(3.) For appreciation of the issues involved, the brief facts of the case are narrated. The Respondent No. 1, 2, 3 and 4 are the wife, mother, sister and minor son of the deceased person who was a driver by profession.On 1.4.07, while he was driving Auto rickshaw bearing registration no. NL-07 F/1025 went missing along with Auto rickshaw, his dead body was found on 2/4/07 at Singrijan road, Dimapur by Diphurpar Police. The Auto rickshaw remained untraced. The Respondent No. 5 is the owner of the said Auto rickshaw (hereinafter referred to as the "vehicle"). The vehicle was insured under the Appellant Company. The Respondent Nos. 1 to 4, being the legal heirs of the deceased, filed a claim petition before the Tribunal under Section 166 of the Motor Vehicle Act, 1988 (For short "M.V. Act") against the Respondent No. 5 (owner of the vehicle) and Respondent No. 2 being the Insurer.