VANLALPEKHLUI AND ORS. Vs. SHIVNATH SINGH AND ORS.

JUDGEMENT

(1.) Heard Mrs. Dinari T. Azyu, learned counsel appearing for the appellants as well as Mr. K. Laldinliana, learned counsel for the respondent No. 3 i.e. United Insurance Company Ltd.

(2.) The two questions which call for determination in this appeal filed by the appellants under Section 173 of the Motor Vehicles Act, 1988 are:

(3.) The fact material for disposal of the appeal may be briefly stated at the outset. The claimant/appellants, who are three in numbers are the daughters of the deceased Mrs. T. Lalhmangaihsangi, who died on 16.1.2011 by a vehicular accident involving one LMV bearing Registration No. MZ-03-1917 and one Scooter bearing Registration No. MZ01A-7553 at Chanmari near Customs office, Aizawl. The Truck was at that time proceeding towards Chanmari from Ramhlun side and was overtaken by a few two wheelers, out of which one rider of the Scooter bearing Registration No. MZ01-A-7553 overtook the Truck near LMV parking. The Truck grazed the tail of the scooter whereupon the scooter rider lost his control, which resulted in the accident. The deceased sustained severe injury on her person and succumbed to her injury at Civil Hospital, Aizawl on 16.1.2011 while the rider of the scooter, who sustained a minor injury, however, survived the accident. The daughters of the deceased, who are the appellants herein, filed a joint claim petition before the Motor Accidents Claims Tribunal, Aizawl for awarding compensation for the death of their mother.