NATIONAL INSURANCE COMPANY LIMITED Vs. LALNGAICHAMI

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, learned counsel for the appellant. Also heard Mr. Lalchhanliana Khiangte, learned counsel for the respondent Nos. 1 to 5. None appears for the respondent Nos. 6 and 7, even though this Court vide Order dated 04.06.2021 held that notice was deemed to be served upon the respondent Nos. 6 and 7.

(2.) The appeal has been filed by the appellant Insurance Company against the impugned Judgment and Award dated 11.11.2020 passed by the learned MACT, Aizawl in MACT Case No. 18/2018, by which compensation amount of Rs. 45,33,000/- has been awarded to the claimants/respondent Nos. 1 to 5. The claimants/respondent Nos. 1 and 2 are the mother and father of the deceased Sh. Lalthianghlima. The claimants/respondent Nos. 3 to 5 are the children of the deceased Sh. Lalthianghlima.

(3.) The claimants' case in brief is that one Tata Tipper bearing registration No. AS-11/BC-3900, loaded with stone chips, driven by the respondent No. 7, hit and ran over the deceased Sh. Lalthianghlima, who was playing with children by the side of the road on 24.04.2015. The deceased succumbed to his injury on the way to the hospital. The accident was enquired into by the police and as per the police report dated 23.03.2016, the cause of the accident was due to rash and negligent driving on the part of the truck driver/respondent No. 7. Accordingly, Vairengte PS Case No. 28/2015 dated 25.04.2015 under Section 279/304 'A' IPC was registered against the respondent No. 7.