ICICI LOMBARD GENERAL INSURANCE CO LTD Vs. ZONUNSANGI

JUDGEMENT

(1.) This is an appeal under Section 173 of the M.V Act, 1988 against the Judgment & Award dated 30.02.2017, passed by the Motor Accident Claim Tribunal, Aizawl in MACT Case No. 10/2016.

(2.) Heard the learned counsel for the appellant Insurance Company Mr. Roshan Subedi and also heard Mr. Lalchhanliana Khiangte, learned counsel appearing for the respondents.

(3.) Brief facts of the case is that on 16.07.2015, Late Vijay Gurung, husband of the respondent No. 1, who was employed as driver by the respondent No. 3 met an accident while driving the Vehicle Tata 207, bearing registration No. MZ-01/E-6426 at Muallungthu due to thick fog that pervaded the area at that time, and died on the spot. Since he was the only bread earner of the family, his wife, the respondent No. 1, his minor son and his mother filed an application before the MACT, Aizawl, under Section 163 (A) of MV Act, claiming compensation. The learned tribunal registered the application as MACT Case No. 10/2016 and after having given the parties, the opportunity of adducing evidence and also chance of being heard passed the impugned Judgment & Award on 13.02.2016. The operative portion of the Judgment & Award is as given at paragraph 15 & 16 of the judgment are reproduced here below:-