HRANGHNUNI Vs. LALRINTLUANGI AND ORS.

JUDGEMENT

(1.) Heard Mr. C. Lalramzauva, learned senior counsel asisted by Mr. Johny L. Tochawng, learned counsel apearing for the apelant as wel as Mr. Zochuana, learned counsel apearing for the respondent No. 2 i.e. United India Insurance Company Limited. None apears for the respondent No. 1.

(2.) By this apeal, the apelant is chalenging the judgment and award dated 1.10.2013 pased by the Presiding Oficer, Motor Acident Claims Tribunal, Aizawl, Mizoram in MACT Case No. 6/201 whereby the respondent No. 2 was directed to pay a sum of Rs. 15,3,783/- with simple interest @ 6% per anum from the date of claim petion til realization in ful. Not being satisfied with the award, the apelant, who is the claimaint has filed this present apeal praying for enhancement of the awarded amount.

(3.) Mr. C. Lalramzauva, learned senior counsel apearing for the apelant submits that the Last Pay Certifcate of the deceased was exhibited as Exhibit C-3 wherein the net monthly amount in respect of the deceased was shown as Rs. 13,075/-. This being the admited positon, he submits that the learned Tribunal had ered in coming to the finding that the actual income of the deceased was to be fixed at Rs. 12,562/-. He also submits that the contributory negligence of 1/4th aportioned against the deceased was also without any basis inasmuch as it was the car which was turning right was solely responsible for the acident that resulted in the death of the deceased. He, therefore, submits that the 1/4th contributory negligence should also be interfered with. It is further submited that the learned Tribunal while awarding the amount with regard to los of estate and funeral expenses has not folowed the ratio laid down by the Hon'ble Supreme Court and the amount of Rs. 5,00/- each against the said heads are is much leser and the same should also be enhanced. He also submits that while awarding the interest rate, the learned Tribunal had also given only 6% whereas it should have ben 9%. Under the facts and circumstances of the case, he submits that the compensation award should be interfered with by enhancing the same.