NEW INDIA ASSURANCE COMPANY LTD Vs. VICTORIA KHARKHONGOR AND OTHERS
HIGH COURT OF MEGHALAYA
NEW INDIA ASSURANCE COMPANY LTD
Victoria Kharkhongor And Others
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(1.) Heard Mr. VK Jindal, learned senior counsel assisted by Miss. Q Lamare, learned counsel appearing for the appellant-Insurance Company and Mr. SP Mahanta, learned counsel for the respondent/ claimant.
(2.) This appeal under Section 173 of the Motor Vehicles Act, 1988 is filed against the judgment and award dated 20.12.2011 passed by the MACT in MAC Case No.78 of 2006 on two grounds:-
(i) learned Claims Tribunal while passing the impugned judgment and award dated 20.12.2011 had lost sight of Section 141(3) of the Motor Vehicles Act, 1988 (for short "the Act of 1988"), inasmuch as, interim award of L 25,000/- is not subtracted while passing the final award; and
(ii) learned Claims Tribunal had not taken into consideration of the evidence on record while awarding the compensation of L 50,000/- for mental agony, shock and trauma.
(3.) For the first ground is concerned, it is clear that Section 141 of Act of 1988 provides that there are two types of compensation i.e. first compensation i.e. interim award and second compensation i.e. final award. Section 141(3)(a) of the Act of 1988 provides that if the amount of second compensation i.e. final award is more than the first compensation i.e. interim compensation, the balance amount should be paid to the claimant.;
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