UNITED INDIA INSURANCE CO. LTD. Vs. SUNGJEMTOSHI

JUDGEMENT

(1.) Heard Mr. Tayongchuba, learned counsel for the appellant. Also heard Mr. L.D. Nepolean, learned counsel for the respondent No.1 and Ms. Nuksungtila, learned counsel for the respondent No. 2.

(2.) This is an appeal filed under section 173 of Motor Vehicle Act, 1988 directed against the judgment and order dated 03.06.2015, passed by the learned Member MACT, Dimapur in MAC Case No. 22/201

(3.) The brief facts of the case as submitted by the learned counsel representing the parties is that on 17.12.2011 there was head on collision between the vehicle driven by the respondent/claimant (a car) bearing registration No. NL-07/F-720, and a truck belonging to respondent No.2 bearing registration No. MN-04/A 1816 at 4th Mile, Dimapur at 7:30 P.M. Due to the accident the respondent No.1 suffered physical injuries which led to his physical disability of 66.16%. The injured persons who happened to be a lawyer by profession filed a claim petition being MAC Case No. 20/2012 before the learned MACT, Dimapur claiming compensation to the tune of Rs. 45,51,374/- from both the owners of the offending truck, and the Insurance Company (i.e. the appellant) with whom the owner of the truck had valid Insurance Policy covering 3rd party. The case was contested both by the owner of the offending truck and the Insurance Company-appellant in this case.