SH LALMALSAWMA, Vs. ROPARI

JUDGEMENT

(1.) HEARD Mr. C. Lalramzauva, learned senior counsel assisted by Ms. K. Lalramnghaki, learned counsel appearing for the appellant as well as Mr. T. Lalnunsiama, learned counsel for the respondent No. 2 i.e. United India Insurance Company Limited. None appears for the respondent No. 1 i.e. owner of the vehicle.

(2.) THIS appeal is directed against the judgment and award dated 4.7.2014 passed by the learned Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No. 22/2013 whereby compensation award of Rs. 2,68,500/ - was awarded to the claimant/appellant to be paid by the respondent No. 2 i.e. Insurance Company alongwith interest @ 9 percent per annum from the date of filing of the claim petition within 1 (one) month from the date of the judgment and award. The appellant who was the claimant before the learned Tribunal being not satisfied with the awarded amount has preferred this appeal praying for enhancement of the award.

(3.) THE claimant/appellant before this Court is the son of the deceased i.e. Vansangzuali(L). The deceased who was about 53 years died in a motor vehicular accident involving Taxi (Maruti 800) bearing Registration No. MZ01/B -0535 belonging to the respondent No. 1. The deceased was a passenger of the Taxi and on 3.8.2012 at about 11.00AM while the said Taxi was proceeding towards Aizawl from Serchhip was swept away by the rubble of a stone quarry located at Berawlui. The Taxi was swept down to a precipice about 400 feet from the main road and the deceased who was travelling in Taxi died on the spot. The deceased was earning about 3,300/ - per month and the Taxi in which he was travelling was registered with the respondent No. 2. After hearing the parties, the learned Tribunal had made judgment and award as already indicated hereinabove.