UNITED INDIA INSURANCE CO Vs. TLANLAWMI

JUDGEMENT

(1.) The claimant-respondent herein made an application under Section 163 A of the Motor Vehicles Act, 1988 (in short, 'the M.V. Act') seeking compensation for the death of her husband, Lalruata, who, while driving an auto-rickshaw, on 9.10.2003, was dashed against by a Truck and died on the spot. This claim application gave rise to MAC Case No. 122 of 2003.

(2.) As the owner of the said Truck did not contest the claim proceeding, the insurer of the said Truck, on being permitted in terms of Section 170 of the M.V. Act, contested the proceeding and took all such defences, which were available to the owner of the said Truck.

(3.) By the impugned award, dated 02.08.2004, passed in MAC Case No. 122 of 2003 aforementioned, the learned Member, MACT, Aizawl, has granted, in all, Rs. 4,63,200/- as compensation in favour of the claimant-respondent with interest @ Rs. 9% p.a. form the date of filing of the claim application until realization of the entire awarded amount. Aggrieved by the award, so rendered, the Insurer of the Truck has preferred the present appeal.