ORIENTAL INSURANCE CO LTD Vs. THANGSAILOVI

JUDGEMENT

(1.) This appeal by the insurance company is directed against the judgment and award dated 16.10.2008 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, Mizoram in MAC Case No. 64 of 2007, whereby and whereunder a sum of Rs.7,34,500.00 with 9% interest per annum from the date of submission of the claim petition till the realisation of the same has been awarded and the appellant company is directed to satisfy the same on account of death of claimants' brother/father/son namely, Thanliantluanga in a motor accident occurred on 24/2/2007 at about 4.30 p.m. due to use of a motor vehicle being registration No. AS-11C-7466 belonging to one Samrat Inder Singh of Mela Road Malugram, Silchar, Cachar, respondent No. 6 herein.

(2.) A claim petition was filed by the respondent Nos. 1 to 5 under Section 166 of the M. V. Act, 1988 before the Member, MACT against the present appellant and respondent No. 6 arraying both of them as opposite parties claiming compensation on account of death of Thanliantluanga in a vehicular accident occurred on 24/2/2007 at about 4.30 p.m. which occurred at Sihphir Vengthar on account of use of motor vehicle being registration No. AS-11-C-7466 stating inter alia that deceased Thanliantluanga was a Stone Mason (Lung Mistiri) having monthly income of Rs.6,000.00 and was 33 years of age at the time of his death. Notices were issued to the opposite parties and pursuant to the notice, appellant opposite party No. 2 entered appearance and contested the claim by filing written statement disputing the monthly income and the fault on the part of the offending vehicle. Though the notice had been issued and received by owner of the offending vehicle, opposite party No. 1 did not contest the claim, which compelled the appellant opposite party No. 2 to file an application under Section 170 of the Motor Vehicles Act, 1988 to contest the claim on all grounds available to the owner of offending vehicle. On making such an application the learned Member allowed the application of the appellant-opposite party No. 2 to contest on all grounds available to the owner of the offending vehicle. Claimant respondent No. 1 in support of their claim examined herself as one of the witnesses including three others. However, the appellant herein who has been arrayed as opposite Party No. 2 in the claim petition did not adduce any evidence to substantiate its claim. It would be apposite to mention at this stage that the claimants' in support of their claim proved 16 Nos. of documents in all. The learned Member, MACT after taking care of the facts, evidence on record both oral and documentary, by the impugned judgment and award awarded compensation as indicated above with interest from the date of the application until realisation. At this stage it would also be appropriate for this Court to make a mention that respondent Nos. 2 to 4 were the sons of the deceased Thanliantluanga, while respondent No. 5 is the mother of the deceased. Respondent Nos. 2 to 4 are all minors and that being so they are represented by their next friends, respondent Nos. 1 and 5.

(3.) Mr. S. N. Meitei, learned counsel for the appellant resisted this impugned judgment and award primarily on the following two counts :