NATIONAL INSURANCE CO. LTD. Vs. LALTHANPUII AND ANOTHER

JUDGEMENT

(1.) Heard Miss R. Lalduhawmi, learned Counsel for the appellant and also heard Mr. Zochhuana, learned Counsel for the respondent No. 1.

(2.) The facts of the case in brief are that respondent No. 2 herein was the owner of the bike, bearing registration No. MZ-01/C-2091, which had been allowed to be driven by the deceased namely, Ralliankhama and Lalmalsawma on 21st March, 2004. On 23rd March, 2004 the deceased who had taken the said bike from the respondent No. 2, the owner Pu. K. Thanthuama were found lying dead in a gorge by. the side of National Highway with another, namely, Lalramthanga alongwith the said bike in damaged condition. Accordingly, the Officer in-charge Bawngkawan Police Station made a G.D. Entry being No. 739 dated 23rd March, 2004 (Exhibit C/2) in regard to the said accident. Inquest was conducted on the death bodies but the post-mortem examination was exempted on the request of the family members of the deceased. On the death of the deceased except Lalramthanga, the respondent No. 1 in both the appeals filed a claim petition under the provisions of Sec. 163-A of the M.V. Act, claiming compensation on the death of the deceased before the learned Member, M.A.C.T., Aizawl. On filing of such application, the learned Member made an enquiry in each case and awarded compensation to the claimant/respondent herein as stated above. Feeling aggrieved thereby ; these two appeals have been filed by the National Insurance Co. Ltd., the insurer of the said bike being registration No. MZ-01/C-2091.

(3.) Miss R. Lalduhawami, learned Counsel for the appellant at the very outset of her argument challenged the legality and correctness of the judgment only on two grounds :