ORIENTAL INSURANCE COMPANY LTD. Vs. ACHUNBEMO MOZHUI

JUDGEMENT

(1.) Heard Mr. Z. Kulnu, learned counsel for the appellant and also heard Mr. N. Mich, learned counsel for the opposite party/respondent No.1 and Mr. N.K. Luikham, learned counsel for the opposite party/respondent No. 2 and 3.

(2.) These two appeals arises out of the common judgment and award dtd. 4/2/2021 in MAC Case No. 84/2015 and MAC Case No. 85/2015 passed by the learned MACT, Dimapur, Nagaland. The appeals have been preferred by the Insurer namely, the Oriental Insurance Company Limited, Dimapur. By the said award, the learned Tribunal had granted the compensation to the claimant in the MAC case in the following manner;

(3.) The brief facts leading to the filing of this appeal is that on the fateful day on 01/07/2014, the claimants herein were driving in a Maruti Ecco bearing Registration No. NL-01/T-8212 from Dimapur towards Kohima and while reaching Phirema area the said vehicle was hit by a truck bearing Registration No. NL-07/A-0370 (Truck) coming from the opposite direction towards Dimapur side. The claimant in MAC Case No. 84/2015 sustained grievous multiple injuries and was admitted to the hospital on the day of the accident with fracture of the left femur and was discharged on 11/7/2014. The claimant in MAC Case No. 85/2015 suffered grievous injuries on his body including his right eye, fractured tooth and multiple facial bone fracture which ultimately rendered him a physically disabled person who cannot do hard work, was unable to open his jaw properly or laugh or speak clearly and developed blurred vision on his right eye.