NATIONAL INSURANCE CO LTD Vs. C TLUANGLINGA

JUDGEMENT

(1.) BY this appeal instituted by the Insurer the judgment and award dated 05. 04. 2005 passed in MACT Case No. 43 of 2004 by the Motor Accident Claims Tribunal, Aizawl has been called in question.

(2.) I have heard Mrs. Helen Dawngliani, learned counsel for the appellant and Mr. N. Sailo, learned counsel for the claimant/respondent.

(3.) NUNMAWII (younger brother's daughter of the claimant) lost her parents when she was minor. She was brought up by her uncle, the claimant, and married to a citizen of Myanmar. After the marriage she along with her husband went to meet her-in-laws in Myanmar. On way back to Mozoram along with her husband she met with an accident and died. She was only 21 years old at the time of her death. She had no child. After her death, her husband left for Myanmar for good. Her uncle obtained heirship certificate and instituted the claim case. According to him she was earning Rs. 3000/- (rupees three thousand) per month from her job of weaving. He claimed that he was virtually her father as he brought her up, got her married and spent money for her up bringing and her marriage. He stated that the younger sister of the deceased is still living with him. He claimed Rs. 10 (ten) lacs as compensation. The learned Tribunal after a full dressed trial has awarded Rs. 2,80,000/- (rupees two lakhs eighty thousands) alongwith simple interest at the rate of 9% per annum by the order impugned.