THE BRANCH MANAGER Vs. SHRI. LALRUATSANGA

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel for the appellant. Also heard Mr. R. Lalawmpuia, learned counsel for the respondent No. 1 and Ms. Vanhmingliani, learned counsel for the respondent No. 4. None appeared for the respondent Nos. 2 and 3.

(2.) The appellant is aggrieved with the Judgment and Award dated 17.03.2017 passed by the learned MACT, Aizawl in MACT Case No. 19/2015, wherein only the appellant had been directed to pay the compensation amount of Rs. 9,62,000/-, along with interest @ 9% per annum from the date of filing of the petition i.e. 23.03.2015.

(3.) The brief facts of the case is that a head on collision took place on 08.05.2014 between one Sumo bearing registration No. MZ01/H-9228 owned by the respondent No. 2 and one bike bearing registration No. MZ01/(E)-3820 owned by respondent No. 3. The bike rider Sh. Lalruatdika and his pillion rider Sh. R.V. Lilipuia succumbed to their injuries sustained in the said head on collision. The claimants of the bike rider Sh. Lalruatdika and the pillion rider Sh. R.V. Lilipuia submitted claims before the MACT, Aizawl, which were registered as MACT Case No. 19/2015 and MACT Case No. 20/2015 respectively. The learned MACT, Aizawl passed Judgment and Award dated 17.03.2017 in MACT Case No. 20/2015 awarding Rs. 9,18,000/- to the claimants of the said case. The learned MACT on going through the evidence held that both the Insurance Companies i.e. the present appellant, which insured the Sumo, and the respondent No. 4, which insured the Bike, were both jointly liable to pay compensation to the claimants in MACT Case No. 20/2015. Accordingly, the learned MACT directed both the appellant and the respondent No. 4 to deposit 50% of the awarded amount along with interest for onward disbursement to the claimants.