UNITED INDIA INSURANCE CO LTD Vs. VANLALHRUAIA

JUDGEMENT

(1.) THE judgment and award dated 7. 8. 06 in MACT Case No. 17 of 2001 rendered by the learned Member, MACT Aizawl stands impugned by the present appeal by United India Insurance Co. Ltd. By the said judgment, an amount of Rs. 18,00,000/- with interest at the rate of 8% p. a from the date of filing of the claim petition until realization has been awarded making the insurer, the appellant Company liable to pay the entire amount.

(2.) THE material facts which give rise to the present claim petition originated from a vehicular accident occurred on 1. 12. 2000, wherein one Zothansanga, aged 26 had received serious injuries on his person while he was driving his bike bearing registration No. MZ-01/b-0589 dashed by a truck bearing registration No. MZ-01/a-5871 belonging to respondent No. 2 herein driven by one Lalthlamuana. The accident occurred at Bawngkawn- Chaltlang Road. After the accident, the injured Zothansanga was taken to Civil Hospital, Aizawl, wherein he was given preliminary treatment and thereafter, shifted to Greedwood Hospital for improved treatment where he succumbed to his injuries on 5. 12. 2000. Police started investigation about the accident. The accident took place as claimed due to rash and negligent driving of the driver of the vehicle.

(3.) THE father, on account of death of his son due to vehicular accident filed a claim petition under Section 166 of the Act, claiming compensation. It is claimed that the deceased, while alive had engaged himself in a business by opening a fashion shop under the name and style 'atea Store' at New Market, Aizawl and was earning about Rs. 2,40,000/- p. a. from the said business. It is also claimed that the deceased son was the sole earning member of his family consisting of himself, his wife, one daughter and a son. On the death of the deceased, the business suffered to a considerable extent thereby loosening the income therefrom. It is also claimed that for the purpose of treatment of the deceased while he was in the Hospital, expended Rs. 3,696/ -.