ORIENTAL INSURANCE COMPANY LIMITED AIZAWL BRANCH Vs. ZOTHANPARI

JUDGEMENT

(1.) M/s Oriental Insurance Co. Ltd. Aizawl, represented by its Branch Manager, feeling aggrieved with the judgment and award dated 09. 04. 07 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in Case No. 123/05 preferred this appeal under Section 173 of the M. V. Act, 1988. The learned Member, MACT vide judgment and award impugned, awarded a compensation to the claimant-respondent No. 1 herein at Rs. 2,41,410/- only with interest at the rate of 9% p. a. from the date of filing of the claim petition until realization of the entire amount.

(2.) WE have heard Mr. Ricky Gurung, learned counsel for the appellant, and Mrs. Helen Dawngliani, learned counsel for respondent No. 1.

(3.) RESPONDENT No. 1 herein as claimant filed a claim petition under Section 163-A of the M. V. Act, claiming compensation on the ground of injury sustained by her due to vehicular accident occurred on 31. 03. 01 at about 8:30 A. M. between Keitum and Tuichang, while she was traveling in a bus bearing registration No. MZ-01/a-9872 proceeding from E. Lungdar towards Aizawl. Respondent No. 2 herein, wife of A. Malik, resident of Zarkawt Aizawl was the owner of the offending vehicle which was driven on the relevant date of accident by one Chunga of Ratu, insured with the present appellant. It is also the case of the claimant that the bus met with the accident during its policy validity period obtained from the appellant company. As a result of the accident, it was claimed, the respondent No. 1 sustained 50% permanent disability who was under treatment for a period of 27 days w. e. f. 31. 03. 2001 to 27. 04. 2001.