UNITED INDIA INSURANCE CO.LTD Vs. K.RAMLIANA

JUDGEMENT

(1.) ON 28th May, 2004, a bus bearing registration No. MZ -01/A -6997 belonging to respondent No.

(2.) HEREIN , met with an accident in between Aibawk and Tachhip where Zokunga, the conductor was ran over by the said bus while he was under it. The driver of the said offending bus, respondent No. 3 herein, started his bus without giving any instruction to the Conductor of the said bus and had driven, as a result, the Conductor, the deceased, was ran over. The report of the Officer in -Charge, Kulikawn Police Station goes to show that due to carelessness of the driver, the deceased was ran over. The deceased was, however, taken in injured condition to Civil Hospital, Aizawl for treatment but he subsequently succumbed to his injuries on 12th July, 2004. A Death Certificate was accordingly issued. 2 On the death of the deceased, a claim petition was filed before the Motor Accident Claims Tribunal, Aizawl for grant of compensation by Rev. K. Ramliana. After due enquiry, the learned Member, MACT awarded compensation to the tune of Rs. 5,48,197/ - inclusive of medical expenses during treatment and conventional amount of Rs. 10,000/ -

(3.) WE have heard Mr. M.M. Ali, learned Counsel for the appellant, United India Insurance Co. Ltd., the insurer of the offending vehicle and also heard Mrs. Helen Dawnliani, learned Counsel for the respondent/claimant Rev. K. Ramliana.