NEW INDIA ASSURANCE CO LTD Vs. LALNGHIHLOVI

JUDGEMENT

(1.) Heard Mr. George Raju, learned counsel for the petitioner, New India Assurance Co. Ltd. None has appeared for claimant-respondent No. 1.

(2.) By this present writ petition, the insurance company seeking to invoke the jurisdiction of this court under Article 227 of the Constitution of India, challenging the judgment and award dated 12.7.2002 passed by the learned Member, M.A.C.T., Aizwal in M.A.C.T. Case No. 93 of 2000 awarding a sum of Rs. 1,59,000 to the claimant-respondent No. 1 as compensation for the death of her son who was 2 years old.

(3.) The claim petition being M.A.C.T. Case No. 93 of 2000 filed by respondent No. 1 against respondent No. 2 as well as the present writ petitioner, being the owner and the insurance company respectively, claiming compensation for the death of her son who was 2 years old, in respect of the accident occurred on 17.8.2000 arising out of the use of motor vehicle bearing registration No. MZ 01-9509 (city town bus) belonging to the owner, respondent No. 2. The writ petitioner has also been added as opposite party in the said proceeding as the vehicle was insured by a valid insurance issued by the said insurance company. The learned Claims Tribunal, upon consideration of the materials available on record has passed the award of compensation for Rs. 1,59,000 together with interest at the rate of 12 per cent per annum from the date of filing of the claim petition till the date of payment and directing the insurance company to satisfy the said award.