UNITED INDIA INSURANCE CO Vs. SH LALNGENA

JUDGEMENT

(1.) The petitioner before me, United India Insurance Co. Ltd., intended to invoke the extraordinary review power of this Court as enshrined in Article 226/227 of the Constitution of India on the contention that judgment and award passed by MACT, Aizawl on 21.5.2002 in MACT Case No. 107/99 is not sustainable in law for the grounds stated thereupon in the petition.

(2.) I have heard both sides and perused the materials on case-record that was called for from the Tribunal below. Respondent No. 1 is the claimant and respondent No. 2 is owner of the offering vehicle MZ-01/ 4887 which vehicle was responsible for the vehicular accident that took place on 1.12.1998.

(3.) Brief facts are as follows. The claimant Pu Lalngena lost his son Lalnunmawia, aged 21 years, due to the act of negligence of offending vehicle No. MZ-01/4887 dashing against the dwelling house of the deceased and rolling down into gorge below on 1.12.1998 at Kawngthar Veng, Vairengte. A sum of Rs. 3,44,500/= under different heads was claimed by the claimant as compensation for the death stating that deceased was an agriculturist earning around rupees two thousand five hundred per month at the time of his death.