UNITED INDIA INSURANCE CO LTD Vs. ZORAMTHANGA

JUDGEMENT

(1.) Heard Mr. M. M. Ali, learned counsel for the appellant and Mr. M. Guite, learned counsel for the respondent No. 1/claimant. None appears for the respondents.

(2.) This appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 against the judgment and order dated 11th November, 2008 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MACT Case No. 98 of 2005 awarding Rs. 1,64,500/- as quantum of compensation with simple interest @ 8% per annum from the date of filing the claim petition on 02.09.2005 till realization of the entire amount awarded in favour of the claimant.

(3.) The short facts leading to the present proceeding originate from an accident which occurred on 05.09.2002. In the said accident, on Lalremtluangliani aged about 17 years died. She was a pillion rider of the scooter, bearing registration No. MZ 01/A-3482, driven by its owner R. Vanlalhriata. Thereafter, she was admitted in the Hospital with grievous injuries where she died on 08.09.2002. No police case, nor even a GD entry was made in connection with the said accident. However, the Officer-in-Charge of the Police Station issued a certificate dated 10.09.2002 (Exhibit C/2) to the effect that the accident occurred when the driver of the scooter was negotiating a curve. As there was no rush and negligent driving, no case was registered. The discharge card of the Civil Hospital, Aizawl and the deposition of the medical officer would show that the victim died due to the injuries sustained by her in the accident. The driver of the scooter also deposed about the accident and the injuries of the victim. There is no dispute that the scooter was insured with the appellant at the time of accident. Basing on the above evidence and materials, the learned Tribunal passed an award for an amount of Rs. 1,64,500/- in favour of the claimant with simple interest @ 8% per annum from the date of filing of the claim petition till realization of the whole amount vide judgment and award dated 17th August, 2006. Being dissatisfied and aggrieved by the aforesaid judgment and award, the appellant filed earlier an appeal being MAC Appeal No. 40 of 2006 which was disposed of on 01.11.2007 whereby the aforesaid appeal was allowed by setting aside the impugned judgment and award dated 17th August, 2006 and remanding the case to the learned Tribunal with a direction to the claimant to implead the parents of the deceased. While remanding the case, this Court directed that the evidence already recorded may be taken into consideration for passing a fresh award after giving the parties opportunities to adduce further evidence particularly on adoption, if so advised.