UNITED INDIA INSURANCE CO LTD Vs. LALBIAKZUALI

JUDGEMENT

(1.) Heard Mr. Zochhuana, learned counsel for the appellant and Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. Ruth Lalruatfeli for the respondent No. 1/claimant. None appears for the respondent No. 2 despite service.

(2.) This is an appeal against the Judgment and Award dated 30.05.2019 passed by the Motor Accident Claims Tribunal (Tribunal), Aizawl in MACT Case No. 69 of 2017 whereby, the respondent No. 1/claimant was awarded a sum of Rs. 5,25,000/- along with 7% interest per annum from the date of filing the claim application as compensation on account of the death of her minor daughter in a motor accident.

(3.) Facts of the case in brief is that the daughter of the respondent No. 1/claimant, who was aged 3 (three) years was ran over by one XUV 500 vehicle B/R No. MZ-01-K-0411 on 29.08.2017 at about 10:00 a.m. The vehicle was driven by the respondent No. 2 in the present appeal and OP-1 before the Tribunal. As a result, the minor child succumbed to her injuries on the spot. The place of the accident was between Chaltlang Dawrkawn and Tourist Lodge and in fact, just in front of the residence gate of the respondent No. 1/claimant. As a result, the respondent No. 1/claimant filed a claim application before the Tribunal, which was registered as MACT Case No. 69/2017 claiming compensation to the tune of Rs. 9,48,000/- from the Opposite Parties. OP-1 is the driver of the accident vehicle while OP-2 is the instant appellant. The respondent No. 1/claimant in order to substantiate her claim annexed the Birth Certificate of her deceased daughter, Police report, Accident Inspection report, Registration Certificate of the accident vehicle, Insurance Certificate of the accident vehicle, Driving License of the respondent No. 2, the Postmortem Examination report as well as the Death Certificate. These documents were also exhibited by the respondent No. 1/claimant and she examined herself as the sole claimant witness before the Tribunal.