UNITED INDIA INSURANCE CO LTD Vs. R LALHMINGLIANA

JUDGEMENT

(1.) THE present appeal has been preferred by the insurance company challenging the quantum of compensation awarded by the learned Member, Motor Accident Claims Tribunal in MACT Case No. 72/03 awarding a sum of Rs. 2,34,964. 80 in favour of the respondent No. 1/claimant.

(2.) THE fact leading to the filing of the present appeal is that the claimant/ respondent No. 1, an upper division clerk in the office of the Chief Engineer, Public Works Department, Government of Mizoram, has sustained injury arising out of an accident occurred on 22. 12. 2002 involving Motor bike bearing Registration No. MZ-01/a/7160 driven by the respondent No. 2, for which he was hospitalized from 23. 12. 2002 to 1. 1. 2003 and was operated upon on 28. 12. 2002, for fracture of elbow (L), which was certified by the doctor as 12% permanent disability. The learned tribunal has awarded a sum of Rs. 2,35,960/- with interest at the rate of 9% p. a. from the date of the filing of the application till the date of realization and since the vehicle involved in the accident was covered by the insurance policy issued by the appellant company, asked the appellant to satisfy the award. The learned tribunal has passed the said awarded on the following break up :-<FRM>JUDGEMENT_198_GAULTSUPP_2005Html1.htm</FRM>

(3.) WE have heard Mr. A. R. Malhotra, learned counsel for the appellant and also Mr. H. Lalianzuala Sailo, learned counsel for the claimant respondent No. 1. None appears for the owner/respondent No. 2 in spite of service of notice.