NEW INDIA ASSURANCE CO LTD Vs. LALHMANGAHI

JUDGEMENT

(1.) This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the Insurance Company assailing the award dated 2.2.2009 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MACT Case No. 33 of 2007. By this impugned award the tribunal has awarded compensation of Rs. 3,46,500/- in favour of the claimant for the death of their son/brother. As per the impugned judgment the compensation amount would carry similar interest at the rate of 9% p.a. from the date of filing of the claim petition i.e. on 12.4.2007. At the same time, the learned Member has directed the Insurance Company to satisfy the entire award without fastening any liability upon the owner and driver of the vehicle.

(2.) Heard Mr. R. Gurung, learned Counsel for the Appellant and Mr. Michael Zoathankhuma, learned senior counsel for the Respondent No. 1/claimant. Also perused the impugned judgment.

(3.) The Insurance Company is challenging the impugned judgment basically on the ground that since the driver did not have valid driving licence the Insurance Company is not liable to satisfy the award. To buttress his submission the learned Counsel also referred to the copy of the driving licence produced by the claimant before the tribunal.