NATIONAL INSURANCE CO LTD Vs. LALTLANTHANGA

JUDGEMENT

(1.) ON 25. 12. 2006 a motor accident took place in between Luangmual and Sazaikawn at about 3. 47 p. m. and in the said accident one Hmingvanneia and another Hrangsiam died while they were proceeding in a motorbike bearing registration No. MZ-02/6568, which collided with a Tipper bearing registration No. MZ-05/2898. Deceased Hrangsiama was the pillion rider while Sh. Hmingvanneia was driving the motorbike. Hmingvanneia died on the spot while Hrangsiama succumbed to his injuries on way to hospital. On account of death of Hrangsiama in the said vehicular accident his son Sh. Laltlanthanga filed a claim petition before the learned Member, MACT, Aizawl claiming compensation and arraying Sashi Kant Mahto, - the owner of the Tipper; Smt. B. Thangi, the owner of the Motorbike; M/s National Insurance Co. Ltd. , the insurer of accident vehicle bearing registration No. MZ-05/2898 and M/s. New India Assurance Co. Ltd. , the insurer of the Motorbike bearing registration No. MZ-02/6568 (hereinafter referred as Motorbike) as the opposite parties while wife of deceased Hmingvanneia (L), Smt. B. Thangi filed a claim petition on account of death of her husband arraying Sashi Kant Mahto, the owner of the Tipper bearing registration No. MZ-05/2898 (hereinafter referred as Tipper) and M/s. National Insurance Co. Ltd. , the insurer of the said Tipper as opposite parties.

(2.) ON filing of the claim petitions by the son and the wife of the deceased it were registered as MAC Case Nos. 24/2007 and 37/2007 respectively. The learned Tribunal, after due inquiry in both the claims, awarded compensation to each of the claimants amounting to Rs. 3,09,780/- (MAC Case No. 24/2007) and Rs. 4,89,628/- (MAC Case No. 37/2007) respectively with interest at the rate of 9% p. a. from the date of filing the claim petition until realization of the award and directed the M/s. National Insurance Co. Ltd. , the insurer of the Tipper to satisfy the award.

(3.) SINCE both the appeals have arisen though from two different impugned judgments, both are taken together for disposal by a common judgment considering the cause of death of the deceased from the same accident.