NEW INDIA ASSURANCE CO. LTD Vs. R. BIAKLIANA

JUDGEMENT

(1.) B .P. Katakey, J 1. This appeal by the insurance company is directed against the judgment and award dated 24.10.2002 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, in the MACT Case No. 142 of 1999 awarding a sum of Rs. 4,01,400 with interest at the rate of 9% p.a. from the date of filling of claim petition till the date of realization and directing the insurance company to satisfy the same.

(2.) WE have Mr. George Raju learned Counsel for the appellant insurance company. None appears for the respondent No. 1 though Dr. C.V.L. Auva had entered appearance on his behalf. None appears for the respondent No. 2 also in spite of service of notice.

(3.) IN the instant case the factum of accident, the age and monthly income of the deceased as well as the fact that the vehicle involved in the accident was a goods carrying vehicle, is not in dispute. No permission under Section 170 of the MV Act has also been obtained by the insurance company appellant to challenge the quantum of compensation, which they have not rightly challenged. The learned Counsel for the insurance company has also stated that no appeal by the owner of the vehicle has been filed against the award impugned in the present appeal.