UNITED INDIA INSURANCE CO LTD Vs. LALDAWNGLIANA

JUDGEMENT

(1.) Heard Mr. T.Lalnunsiama, counsel for the appellant/Insurance Company. Also heard Mr. A.R.Malhotra, counsel for the claimant/respondent No.2.

(2.) The brief facts of the case is that the respondent No.2/claimant preferred a claim petition on 30.11.2012 due to the death of his son Lalremsanga, 9 years as he was hit by a big stone which had fallen from the cliff in the working area of an Excavator(JCB). The big stone had fallen while the Excavator was digging the cliff above the road and the claimant's son was standing besides the Excavator. The big stone had hit the deceased boy on his head on 6.8.2012 and as a result of which the boy died due to the injury sustained. The claimant i.e. the father of the boy filed his claim petition in the Motor Accident Claim Tribunal, Aizawl which was registered as MACT case No.85 of 2012. The claim petition was made by the claimant under Section 163A of the Motor Vehicle Act, 1988 wherein the Insurance Company and the owner of the Excavator were made parties to the said case. The Motor Accident Claim Tribunal, Aizawl passed Judgment & Award dated 4.7.2014 in MACT Case No. 85 of 2012 by awarding an amount of Rs. 3,64,500/- to the claimant with interest @ 9% per annum from the date of filing of the claim petition.

(3.) Being aggrieved by the Judgment & Award dated 4.7.2014 passed in MACT Case No. 85 of 2012, the United India Insurance Company Limited has preferred this appeal.