NEW INDIA ASSURANCE CO. LTD. Vs. LALREMMAWII

JUDGEMENT

(1.) Heard Mr. Lalfakawma, learned counsel for the appellant as well as Mr. Lalchhanliana Khiangte, learned counsel for the respondent Nos. 1 to 8. No one appears for the respondent No. 9, who is the owner of the accident vehicle.

(2.) The present appeal has been filed by the appellant Insurance Company against the impugned Judgment and Award dtd. 18/10/2017 passed by the MACT Aizawl in MACT Case No. 38/2016, by which the compensation amount of Rs.19,70,000.00 along with interest @ 7% per annum from the date of filing till payment was directed to be made to the respondent Nos. 1 to 8/claimants.

(3.) The brief facts of the case is that on 8/5/2016, a motor vehicle (Tata Sumo) bearing Registration No. MZ-01-J-8927, belonging to the instant respondent No. 8 and driven by one Lalrintluanga, S/o Lalnghilhlova of Ramhlun North, Aizawl, Mizoram, met with an accident at Chiehruphi village, East Jaintia Hills District, Meghalaya while proceeding towards Guwahati from Aizawl. The accident resulted in the death of two (2) persons out of the nine (9) passengers, which included the 22 year old son of the respondent Nos. 1 and 2. Respondent No. 3 is the sister of the deceased, while respondent Nos. 4 and 5 are the brothers of the deceased. The parents of respondent Nos. 6 and 7 are still alive. Respondent No. 6 is the niece of the deceased and daughter of respondent No. 3 and her husband. Respondent No. 7 is the nephew of the deceased and son of respondent No. 4 and his wife (respondent No.8. The said accident vehicle was validly insured with the instant appellant at the time of the accident. The respondent Nos. 1-8/Claimants filed a claim petition under Sec. 166 of the Motor Vehicle Act, 1988 claiming compensation before the MACT, Aizawl. After taking evidence and hearing the parties, the MACT, Aizawl passed its Judgment and Award dtd. 18/10/2017 in MACT Case No. 38 of 2016, whereby the learned Tribunal awarded the respondent Nos. 1- 8/Claimants compensation amounting to Rs.19,70,000.00 (Rupees nineteen lakhs seventy thousand only) with interest @ 7% calculated from the date of filing i.e., 6/9/2016, till final payment.