ORIENTAL INSURANCE CO LTD Vs. THANMAWII

JUDGEMENT

(1.) HEARD Mr. S. N. Meitei, learned counsel for the appellant. Also heard Mr. Lallianzuala Sailo, learned counsel for the respondent No. 1. None appears for the respondent No. 2.

(2.) THIS present appeal has been preferred by the Oriental Insurance Co. Ltd. , Zarkawt Aizawl against the judgment and award dated 2. 2. 05, passed in MACT Case No. 74/03 by the Ld. Member, MACT, Aizawl u/s 173 of the Motor Vehicle Act, 1988. By this appeal, the appellant Oriental Insurance Co. Ltd. seeks for setting aside and/or modification of the final award and order dated 2. 2. 05.

(3.) RESPONDENT No. 1 Smt. Thanmawii is the claimant in Mact Case No. 74/03 and she is the mother of the deceased Lalbiaktluanga aged about 46 years. Respondent No. 2 herein is the registered owner of the offending vehicle bearing registration No. AMZ-2459 (Tata 1210 ). On 28. 4. 03 deceased Lalbiaktluanga, while was travelling in the offending vehicle met with an accident at about 8. 00 A. M. near Hunthar Veng Aizawl as a result of which the deceased died. The accident took place due to rash and negligent driving of the offending vehicle. Police registered a case being Bawngkawn P. S. Case No. 317/03 u/s 279/337/338/427/304-A of the Indian Penal Code against the driver of the said offending vehicle.