UNION OF INDIA Vs. PI LALBIAKZAMI

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 22.7.2011 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Aizawl District, Aizawl, Mizoram in MACT case No. 52 of 2009 awarding compensation of Rs.4,36,500/- with simple interest @ 9% per annum from the date 2 of filing of the claim petition till realization from the opposite party/appellant in favour of the claimant.

(2.) The claim petition was filed by the respondent on 28.8.2009 claiming Rs.7.5 lacs as compensation under Section 166 of the Motor Vehicles Act, 1988 ( in short M.V.Act) stating inter alia that her husband Pu. Lallianthanga, aged about 20 years was killed in a vehicular accident that took place on 2.4.2007 at Rangvamual Farm peng, Aizawl at about 9 a.m. involving one truck bearing registration No.R/N 00ZE-68569 belonging to BRTF which was driven by one D. Prasannan . The claimant alleged that the incident took place due to negligence of the BRTF driver of the appellant/ opposite party. As per the claimant her deceased husband was a skilled labour by profession earning Rs.3000/- per month. The appellant/opposite party contested the claim by filing written statement seeking dismissal of the claim petition on the grounds that it is not maintainable in its present form and style and there is no cause of action or justification for filing the claim petition and it is bad for mis-joinder /non-joinder of parties and the appellant/opposite party has no liability to pay any compensation.

(3.) In order to establish her claim the claimant examined herself as witness No.1 and two other witnesses namely Sri Ladinthara and K.Lalthanfala (O.C.Vaivakawn) as witness No.2 and 3 respectively. On the basis of the oral and documentary evidence on record the learned tribunal passed the impugned judgment and order awarding the compensation as stated above.