ORIENTAL INSURANCE COMPANY LTD Vs. VANLALRUATFELI

JUDGEMENT

(1.) Heard Mr. Lalremtluanga, the learned counsel for the appellant. Also heard Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. Ruth Lalruatfeli for the respondents/ claimants.

(2.) It is seen that the respondents/ claimants have also filed Cross Objection No. 1/2019 and therefore, both the appeal as well as the cross objection are taken up for final disposal.

(3.) Brief facts of the case is that on 04.04.2014 at around 3 pm, one truck bearing Registration No.NL-02/G-2073, belonging to the respondent No. 4 and driven by one, Sh. Ram Prakash which was proceeding from Sairang towards Aizawl, ran over the husband of the claimant/respondent No. 3, who was riding his motorcycle bearing Registration No. MZ-01/J- 1904 and he succumbed to his injury. The deceased at the relevant time was working as Driver Grade-I in Mizoram Agriculture Marketing Corporation Limited (MAMCO), a Government of Mizoram undertaking and was earning a sum of Rs. 34,080.00 as his monthly salary. The truck was validly insured with the appellant Insurance Company and accordingly, the respondents/ claimants filed a claim petition under Sec. 166 of the Motor Vehicles Act, 1988 (MV Act) before the Motor Accident Claims Tribunal, Aizawl (the Tribunal) on 11.07.2016.