R REMTHANGA Vs. F LALREMRUATA

JUDGEMENT

(1.) Heard Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. Ruth Lalruatfeli for the appellant. Also heard Mr. Lalfakawma, learned counsel for the respondent No. 2. None appears for the respondent No. 1 despite notice.

(2.) The appellant who was the claimant before the Motor Accident Claims Tribunal, Aizawl (The Tribunal) has preferred the instant appeal against the Judgment and Award dated 28.06.2018 passed by the Tribunal in MACT Case No. 28/2017 on being not satisfied with the amount of compensation awarded to him by the learned Tribunal.

(3.) Brief facts of the case is that the wife of the appellant i.e. Smt. Zorampari died in a road traffic accident on 15.10.2016 at Maubuang Village. She was hit by one car bearing Registration No. MZ01-M-8604 driven by its owner i.e. Sh. F. Lalremruata (respondent No. 1). Besides the wife of the appellant, the accident vehicle injured 3 others persons. All of the injured persons including the wife of the appellant were evacuated to the Referral Hospital at Falkawn but Smt. Zorampari succumbed to her injury on the way to the Hospital. Consequently, the appellant filed a claim for compensation before the learned Tribunal on 19.5.2017 under Section 166 of the Motor Vehicles Act, 1988 (MV Act) against the owner of the vehicle and the Insurance Company i.e. respondent Nos. 1 and 2 respectively in this appeal for payment of adequate compensation for the death of his wife in the motor accident.