SAIMAWII Vs. GOVERNMENT OF MIZORAM AND ORS.

JUDGEMENT

(1.) Heard Mrs. Dinari T. Azyu, learned Counsel appearing for the appellant as well as Mr. A.K. Rokhum, learned Addl. Advocate General, Mizoram for the respondent No. 1 and Mr. Zochhuana, learned Counsel appearing for the respondent No. 2 i.e. United India Insurance Co. Ltd. This appeal is directed against the judgment and award dated 20th June, 2014 passed by the learned MACT, Aizawl in MACT Case No. 33/2010 whereby the claim petition of the claimant was dismissed. Being aggrieved by the dismissal, the present appeal has been filed.

(2.) Mrs. Dinari T. Azyu, learned Counsel appearing for the appellant submits that the appellant has filed MACT Case No. 33/2010 claiming for compensation due to the death of her husband late Sh. K. Vanlallawma (L) in a collision with a truck on 13th May, 2007. The deceased (husband of the appellant) was driving a motorcycle bearing Registration No. MZ01B-6500 on 13th May, 2007 driving towards Kolasib to Vairengte when he was struck by one truck bearing Registration No. MZ-01-B6500. The claimant husband was struck by the rear right side of the truck driven by an employee of the respondent No. 1 who was holding a valid driving licence. After the accident, the deceased was taken to Vairengte CHC (Hospital) on the date of the accident i.e. 13th May, 2007 at around 10.30 a.m. and he succumbed to his injury and died at around 4.30 p.m. the same day. The husband of the claimant/deceased was a Government servant working as Jail Warden and was earning a monthly salary of Rs. 8,234. At the time of the death, the deceased was 45 years of age.

(3.) Mrs. Dinari T. Azyu, learned Counsel appearing for the appellant, submits that after filing of the claim petition, the learned Tribunal examined 4 claimant witnesses and 2 witnesses of the opposite party No. 1 and 1 witness of the opposite party No. 2. Thereafter, the claim petition was disposed by the learned Tribunal awarding an amount of Rs. 8,65,836 along with interest @ 9% per annum in favour of the claimant/appellant. The opposite parry No. 2/respondent No. 2 had approached this Court by way of MAC Appeal No. 5/2013 against the said judgment and award dated 15th November, 2012. This Court after hearing the parties had disposed of the said appeal by judgment and order dated 20th March, 2014 remanding the matter back to the learned Tribunal for re-hearing of the claim petition within a period of 2 (two) months. It is further submitted that on remand, the learned Tribunal had proceeded to rehear MACT Case No. 33/2010 and thereafter dismissed the said claim petition on the ground that the accident occurred due to the rash and negligent driving on the part of the deceased and there was no fault on the part of the driver of the truck.