ORIENTAL INSURANCE CO LTD Vs. HMINGTHANGZUALA

JUDGEMENT

(1.) On 24.12.2000 when the claimant-respondent herein, was standing by the side of the road at Darlawng at Aizwal-Lunglei Road, the truck bearing registration No. AMC 51 came and dashed against the claimant and fled away. On being hit by the truck, the claimant fell down and became unconscious. Claimant was carried in injured condition to the Civil Hospital, Aizwal and received the medical treatment there. As a result of the accident, claimant suffered from complete paralysis of the lower part of his body making it impossible for the claimant to move without help of others. The claimant has, therefore, continued to be under medical treatment. With such a description of the accident and also the consequences ensuing therefrom, the claimant made an application under section 166 of the Motor Vehicles Act, 1988 Cin short 'the M.V. Act'), seeking compensation. This application gave rise to M.A.C. Case No. 120 of 2003. As the owner of the said truck did not contest the proceeding, the insurer thereof was allowed, in terms of section 170 of the M.V. Act, to contest the proceeding on all such grounds which were available to owner- insured. The insurer, accordingly, resisted the claim.

(2.) By award dated 26.11.2004, passed in M.A.C. Case No. 120 of 2003, aforementioned, the learned Member, Motor Accidents Claims Tribunal, Aizwal, has granted in all, Rs. 11,82,275 as compensation with interest at the rate of 9 per cent per annum from the date of making of the claim application until realisation of the entire awarded amount. Aggrieved by the award, so passed, the insurer has preferred the present appeal. As the award did not satisfy the claimant, the claimant too has filed his cross-objection on the ground, inter alia, that the quantum of compensation awarded by the learned Tribunal is not adequate and the same may be enhanced.

(3.) We have heard Mrs. Helen Dawngliami, the learned counsel for the insurer appellant and Mr. A.R. Malhotra, learned counsel appearing on behalf of claimant- respondent.