ORIENTAL INSURANCE COMPANY LTD Vs. KITBOKSON WAR

JUDGEMENT

(1.) HEARD learned counsel for and on behalf of the -appellant, M/s. Oriental Insurance Co. Ltd. and also heard Mr. H. Mongkhlaw, learned counsel for and on behalf of the respondent.

(2.) THE appellant, M/s. Oriental Insurance company Ltd. by presenting this instant appeal has challenged the legality and correctness of the judgment and order dated 28-5-2007 passed in MAC Case No. 13/2007 by the learned Member, MACT, Shillong.

(3.) AN accident took place at Ryngdang-briew under Umiam Police Station, Ri-Bhoi district on Guwahati Shillong Road of 24-12-2004 at 7-45 p. m. and in the said accident a Maruti Car being registration No. ML 05c-5768 belonging to respondent No. 1 herein got damaged on being hit by a Truck bearing registration No. TR 1c-1592 belonging to respondent No. 2 herein. The owner, respondent No. 1 as claimant filed an application under Section 166 of the MV Act, 1988 seeking compensation for the damage caused to his vehicle from the insurer of the truck, the appellant; the owner, the respondent No. 2 and the driver, the respondent no. 3. The appellant alone contested the claim by filing written statement on all grounds since the owner and the driver failed to appear and contest despite due service of notice. Before the learned Tribunal, in support of the claim, the respondent No. 1 adduced evidence both oral and documentary. The appellant herein, the opposite party in the claim petition also adduced evidence both oral and documentary in support of its case. The learned Tribunal at the conclusion of the enquiry awarded a total sum of rs. 1,10,618. 00 under two different heads with interest @ 7. 5% on the amount from the date of filing of the application. Feeling aggrieved thereby this instant appeal has been filed by the insurance Company, the insurer of the Truck bearing registration No. TR 1c-1592.