SBI GENERAL INSURANCE COMPANY LTD. Vs. LAITHANTHUAMI

JUDGEMENT

(1.) This is an appeal under Sec. 173 of the Motor Vehicle Act, 1988 ('MV Act') against the Judgment and Award dtd. 30/3/2021 in M.A.C.T. Case No. 60 of 2017 passed by the Member-cum-Presiding Officer of the Motor Accident Claims Tribunal at Aizawl, whereby the learned Tribunal has awarded a sum of Rs.6,83,600.00 (Rupees Six lakhs eighty three thousand and six hundred )only along with an interest at 7% p.a.

(2.) Heard Mr. Roshan Subedi, the learned counsel for the appellant, Mr. L.H Lianhrima learned senior counsel for the respondent No.1 assisted by Miss Ruth Lalruatfeli, as well as Mr. Lalremruata, counsel for the respondent No.2/Claimant.

(3.) Brief facts of the case is that the Claimant (Respondent No.1 in the instant appeal) herein filed the said MACT Case No. 60/2017 against the Opposite party No.1 (respondent No.2 in the instant case/owner of the vehicle Truck) and Opposite Party No.2 (Appellant in the instant case). In the said MACT Case No. 60/2017, the Claimant/Respondent No.1 made a claim under Sec. 163A of the Motor Vehicle Act, 1988 for grant of compensation for the death of her son in accident which occurred on 30/11/2016.Her son being a pillion rider was proceeding from Chanmari towards Zarkawt in a motor bike B/R No.Mz-01 J-5293 driven by K. Lalhmingthanga which collided with another bike and her son Lalnunsanga fell on the road and was ran over by the Truck B/R No. MZ-01 G-7718 owned by the respondent No.2 herein resulting to the death of her son on the spot.