NATIONAL INSURANCE CO LTD Vs. LALROPARA

JUDGEMENT

(1.) Heard Mrs. Helen Dawngliani, learned counsel for the appellant as well as Mr. S.N. Meitei, learned counsel for the respondents.

(2.) By this appeal the opposite party No. 2, M/s. National Insurance Co. Ltd., the appellant herein has challenged the legality and correctness of the judgment and award dated 16.09.2008 passed by a learned Member, MACT, Aizawl in MAC Case No. 94 of 2007.

(3.) A claim petition under Section 163A was filed before the learned Motor Accident Claims Tribunal, Aizawl (for short MACT, Aizawl) on account of receipt of injuries by the claimant-respondent No. 1 in vehicular accident occurred on 26.8.2007 at Rangvamual within the jurisdiction of Vaivakawn Police out post. The injured-respondent claimant was the driver of the Tata Sumo being registration No. MZ-01 C/9059 and had been employed as a driver by the opposite party No. 2 at a monthly salary of Rs. 3300/-. While driving the said vehicle he met with an accident and sustained injuries on both legs, limbs and had undergone treatment for the injuries sustained by him. The claim so made by the claimant was inquired into by the learned MACT, Aizawl by examining witnesses. After the inquiry the tribunal passed an award amounting to Rs. 3,41,600/- with 9% interest per annum from the date of submission of the claim petition till realization from the Opposite Party No. 2, the appellant herein.