ORIENTAL INSURANCE COMPANY LTD Vs. LALAWMPUII

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, learned counsel for the appellant as well as Mr. Lalchhan-liana Khiangte, learned counsel for the respondent No.1. No one appears for the respondent No.2.

(2.) Mr. Lalremtluanga, learned counsel for the appellant submits that the impugned Judgment and Award dated 18.05.2017, passed by the learned Motor Accident Claims Tribunal, Aizawl in MACT Case No.19/2016, directing the appellant/Insurer to pay a sum of Rs. 28,54,000/-, along with interest @ 9% per annum, from the date of filing of the claim petition should be set aside, as there is no proof that the income of the deceased was Rs. 12,000/- per month.

(3.) Mr. Lalchhanliana Khiangte, learned counsel for the respondent No.1 submits that the Income Certificate of the deceased was proved by the claimants. There was no objection to the Income Certificate at the time the said Certificate was exhibited. He submits that the deceased was an Electronic Technician, working in private firm at the time of his death and his pay of Rs.12,000/- per month was not excessive. He accordingly submits that the Insurance Company has no right to raise any objection about the admissibility of the Income Certificate only at the time of appeal, as no such objection had been raised during the time it was exhibited in the learned Tribunal. He also submits that the Insurance Company not having been given the permission for filing an appeal on all grounds under Section 170 of the MV Act, 1988, the Insurance Company cannot make a challenge to the quantum of compensation given to the claimants.