NATIONAL INSURANCE CO. LTD Vs. DAVID VANLALHRUAIA

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, learned counsel for the appellant as well as Mr. L.H. Lianhrima, learned Senior counsel for the respondents.

(2.) This is an appeal against the Judgment and Award dtd. 17/7/18 wherein the Ld. Tribunal awarded the respondent No. 1-3/claimants an amount of Rs.5,00,000.00 as compensation with interest @ 7% per annum from the date of filing the claim petition i.e. 4/4/2017 until realization of the whole amount.

(3.) Brief facts of the case is that on 26/6/2015 at 2:00 PM to 3:00 PM the deceased Francis Lalkulhpuia drove out a motor vehicle (Yamaha FZ-SFI) B/R No. MZ-01-K-9547 and met with an accident at Melriat village. As a result of which he was seriously injured and rushed to Civil Hospital, Aizawl where he was diagnosed to have seriously injured his head, however, due to none availability of bed, he was admitted to a private hospital at Aizawl Hospital and Research Centre, and succumbed to his injury on 2/7/2015. An FIR was submitted to Kulikawn P.S by the wife of the deceased namely Zorinmawii D/o Lalrintluanga of Melriat on 17/7/2015 (i.e 21 days after the incident) and a case was registered as GDE No. 10 at 1:00 PM on the same date. The Police report was then made on the same day the FIR was submitted i.e on 17/7/2015. The Police report made by the O/C, Kulikawn Police Station stated that from the enquiry made no foul play was found in the incident and the incident was purely accidental.