UNITED INDIA INSURANCE CO LTD Vs. RODINGLIANA

JUDGEMENT

(1.) The judgment and award dated 1.12.2004 passed by learned Member, Motor Accidents Claims Tribunal (for short 'the M.A.C.T.') in M.A.C.T. Case No. 66 of 2002 is the subject-matter of challenge in this appeal preferred by the insurance company appellant having obtained permission in terms of section 170 of the Motor Vehicles Act, 1988 (for short 'the Act') to contest the claim on all or any grounds available to the owner of the accident vehicle.

(2.) The facts briefly stated are that one Laikungi, the mother of the claimant, aged about 67 years sustained injuries in a motor vehicle accident on 3.7.2002 at about 10 a.m. while proceeding towards her house at Berawlui of Zemabawk by taxi bearing registration No. MZ 1-A 1933 belonging to one Lalrinchhana, respondent No. 2, which was driven by one Lalramhluna possessing a valid driving licence (private) at the time of accident. The taxi involved in the accident rolled down near the Forest Check Gate while bypassing tank lorry bearing registration No. MZ-01 5799 which was parked at the side of the road. Deceased Laikungi was immediately shifted to the Civil Hospital at Aizawl where she succumbed to the injuries. Hence the claim petition was preferred by the respondent No. 1-claimant, the son of the deceased.

(3.) This claim petition was contested by the insurance company appellant stating, inter alia, that the income of the deceased which was stated to be Rs. 3,500 p.m. was not supported by any income certificate issued by the president of the village concerned and driver had not possessed any valid driving licence at the time of accident for which the claimant was not entitled to get any compensation as claimed by him.