ORIENTAL INSURANCE CO LTD Vs. LALAWMPUII

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel for the appellant and Mr. Lalchhanliana Khiangte, learned counsel for the respondent No. 1/claimant. None appears for the respondent No. 2.

(2.) This is an appeal filed by the appellant against the Judgment and Award dated 18.05.2017 passed by the Motor Accident Claims Tribunal (Tribunal), Aizawl in MACT Case No. 19/2016 whereby, the respondent/claimant was awarded a sum of Rs. 28,54,000/- along with 9% interest per annum from the date of filing the claim application as compensation for the death of her husband.

(3.) Brief facts of the case essential for disposal of the appeal may be noticed at the outset. According to the claimant, her husband Mr. Ramchullova aged 36 years was travelling in a Lai Night Super (Lawngtlai to Aizawl service) Model No. 1510 bearing registration No. MZ-03-2155 belonging to the respondent No. 2 herein. The said bus met with an accident near Ramlaitui village while proceeding towards Lawngtlai from Aizawl. The bus ran off the main road and rolled down the cliff for about 120 meters. As a result of the accident, the vehicle was badly damaged and 10 occupants including the driver succumbed to their injuries on the spot while 9 other occupants sustained injury. The husband of the claimant was amongst those who died on the spot. As a result, the respondent/claimant submitted a claim application before the Tribunal claiming Rs. 27,10,000/- and any other admissible amount under law. The claim was made under Section 166 of the Motor Vehicles Act, 1988 (M.V Act, 1988). The deceased person was survived by his wife and two (2) minor sons namely, John Vanlallawmawma and Lalrinhlua.