THE NEW INDIA ASSURANCE CO.LTD. THOUGH THE BRANCH MANAGER, AIZAWL BRANCH, CHANMARI AIZAWL, MIZORAM Vs. SMT. LALTHANKIMI W/O LALRINSIAMA (L) R/O MAUBAWK VENGTHLANG AIZAWL, MIZORAM

JUDGEMENT

(1.) Heard Mr. Lalfakawma, counsel for the appellant in MAC.App. No. 6 of 2015 & MAC. App.No. 7 of 2015. Also heard Mr. Lalchhanliana Khiangte, counsel for the respondent No.1 in both the above cases and the counsel for the Cross-Objector in C.O. No. 6 of 2015 & C.O. No. 5 of 2015. Also heard Mr. L.H.Lianhrima, senior counsel assisted by Ms. H. Lalmalsawmi, counsel for the respondent No.2 in both the cases. The respondent No.3 is not represented even though notice has been served upon the respondent No.3.

(2.) The 2 (two) appeals and 2 (two) Cross Objections are being disposed of by a common Order.

(3.) Due to a motor vehicle accident involving one MAXI Cab (TATA Sumo) bearing registration No. MZ-01-C/8259 belonging to the respondent No.2 which was hypothecated to the respondent No.3, one Lalringngheta, 20 years and Lalhuliana, 60 years died. Accordingly, MACT Case No. 18 of 2012 was filed by the mother of the deceased Lalringngheta and MACT Case No. 19 of 2012 was filed by the wife of the deceased Lalhuliana. To cut a long story short, during the proceedings of MACT No. 18 of 2012 and MACT No. 19 of 2012, the Insurance Company came to know of a new fact, which was to the effect that the Insurance Policy issued by the respondent No.3 was a fake Insurance Policy.