NEW INDIA ASSURANCE COMPANY LIMITED Vs. LALRAMMAWIA

JUDGEMENT

(1.) IF the records and judgment passed by the Presiding Officer of the Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No. 81 of 2002 is considered to be an indicator, I have no hesitation to take a view that all is not well in the said office and the claim applications are being disposed of in a perfunctory and slipshod manner and awards are being passed at whims of the Presiding Officer.

(2.) IN the case in hand the Insurance Company is challenging the judgment and award dated 2. 9. 2004 passed by Sri L. Khobung, learned Member, Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No. 81 of 2002 whereby the Tribunal has awarded a sum of Rs. 10,06,587/- with interest at the rate of 9% per annum from the date of filing of the claim petition to the claimant/respondent No. 1, allegedly for sustaining injury in the nature of permanent disablement. Being aggrieved with the quantum of sentence and its liability the insurance company is challenging the impugned award.

(3.) FACTS necessary for deciding this appeal are as follows : The claimant's case in the Tribunal was that while he was travelling in an auto rickshaw with five others, a truck bearing Registration No. MZ-04-0343 dashed the said auto riskshaw causing physical injuries to the passengers of the said auto rickshaw. As could be gathered from the records some of the passengers of the auto rickshaw died and the respondent No. 1 sustained injury on his lower limb and ultimately the lower limb (left) became non-functional due to paralysis. It was also the case of claimant that at the relevant time he was doing the job of carpentry, having monthly income of Rs. 6200/- and due to paralysis of his left limb he could not continue with the aforesaid vocation. On these facts a sum of Rs. 11,97,987/- was claimed.