UNITED INDIA INSURANCE CO. LTD Vs. JOEPH ROCHHUNGA

JUDGEMENT

(1.) ON the death of his unmarried son, Anthony Laldawangliana, in a motor vehicular accident, which took place on 20th April, 2004, at a place near Tuirial River, the claimant respondent No. 1 herein made an application under Section 166 of the Motor Vehicles Act, 1988 (in short, the M.V. Act, 1998) seeking compensation. This claim application gave rise to M.A.C. Case No. 109 of 2003. By the impugned award, dated 19th May, 2005, the learned Tribunal has in all, granted Rs. 3,50,540 as compensation and directed the same to be paid by the present appellant as insurer of the offending vehicle with interest at the rate of Rs. 9 per cent from the date of filing of the claim application until realisation of the entire amount.

(2.) WE have heard Mr. M.M. Ali, learned Counsel for the appellant, and Mr. Lalremtlunanga, learned Counsel for the respondents.

(3.) PRESENTING the appeal, it has been submitted by Mr. Ali, on behalf of the insurer-appellant, that in view of the fact that there was a collision between the said two vehicles, the owner of the said motor cycle was a necessary party, but as the owner of the motor cycle had not been made a party, the learned Tribunal ought not to have held the present appellant as the person solely liable to pay the compensation to the claimant.