NEW INDIA ASSURANCE CO LTD Vs. PRISILA PHAWA
LAWS(MEGH)-2013-7-22
HIGH COURT OF MEGHALAYA
Decided on July 03,2013

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Prisila Phawa Respondents

JUDGEMENT

- (1.) Heard Mr. V.K.Jindal, learned Sr. counsel appearing for the appellant Insurance Company (Respondent No.1) in the MAC. Case No. 31/2007 and also Mr. N. Khan, learned counsel who entered appearance on behalf of the wife and children of the deceased, (Late) Shri Kyrmen Phawa.
(2.) This appeal under Section 173 of the Motor Vehicles Act 1988 is directed against the judgment and award dated 31-7-2013 passed in MAC. Case No. 31/2007 by the learned Motor Accident Claims Tribunal, Shillong, on the inter-alia grounds that the learned Tribunal by the impugned judgment award had awarded compensation for the death of the deceased, (Late) Shri Kyrmen Phawa in favour of the married sister of the deceased, while the wife and children of the deceased, (Late) Shri Kyrmen Phawa are still surviving, and they were not made party in the MAC Case No. 31/2007. Therefore, the award in favour of the married sister of the deceased who is not the legal representative of the deceased, (Late) Shri Kyrmen Phawa is illegal.
(3.) This court in order to find out the particulars of the wife and children of the deceased, (Late) Shri Kyrmen Phawa, who was working as a Constable in the Office of the Superintendent of Police, Jaintia Hills 3 District, Jowai, called for a report from the Superintendent of Police, Jaintia Hills District, Jowai by an order of this court dated 29-5-2013. In pursuance of the said order of this court dated 29-5-2013, the Superintendent of Police, Jaintia Hills District, Jowai submitted a report under his letter No.GEN/V-25/20/Pt-2/2006/299, dated 11th June, 2013. As per the report submitted by the Superintendent of Police, Jaintia Hills District, Jowai, the deceased, (Late) Shri Kyrmen Phawa had a wife and children. The particulars of the wife and children of (Late) Shri Kyrmen Phawa are mentioned in the said letter of the Superintendent of Police, Jaintia Hills District, Jowai and the particulars of his LR are as follows: "Smti. Darimon Kharpran Wife Address Mawdieja, Sohryngkham, PS Madanrting, East Khasi Hills District. 1. Mr. Iainehskhem Kharpran son. 2. Miss Ibashisha Kharpran daughter. 3. Miss Baimon Kharpran daughter.;


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