LAWS(GAU)-2013-10-33

NATIONAL INSURANCE CO LTD Vs. LALHLIMPUII

Decided On October 01, 2013
NATIONAL INSURANCE CO LTD Appellant
V/S
Lalhlimpuii Respondents

JUDGEMENT

(1.) Heard Mrs. Dinari T. Azyu, learned counsel appearing for the appellant Insurance Company as well as Mr. B. Lalramenga, learned counsel appearing for respondent No. 1 and Mr. L.H. Lianhrima, learned counsel appearing for respondent Nos. 2 and 3.

(2.) This appeal is preferred against the judgment and order dated 6.6.2012 passed in MACT Case No. 3/2010 whereby the appellant Insurance Company was directed to deposit the final award of Rs. 12,38,660/- by means of Bank Draft or Cheque in favour of the Presiding Officer, Motor Accidents Claims Tribunal, Lunglei within 30 days from the date of the order, failing which the appellant shall be liable to pay interest @ 12% from the date of default till actual payment.

(3.) Mrs. Dinari T. Azyu, learned counsel for the appellant Insurance Company submits that the husband of the claimant met with the vehicle accident on 2.9.2008 at about 9:45 a.m when he was dashed by a maxi-cab bearing registration No. MZ. 02-6523. The husband of the claimant, as a result of the accident died at Civil Hospital, Lunglei. It was the claim of the claimant that she is the wife of the deceased and that her husband was employed as MRP (Duty) under SP Office and he received a monthly salary of Rs. 10,243/- and that the deceased was 42 years at the time of the accident. On the basis of such accident, the claimant had preferred the claim petition under Section 163 A for payment of compensation on account of the death of her husband due to the motor vehicle accident.