(1.) By this appeal, the appellant is challenging the judgment and award dated 1.4.2014 passed by the learned Motor Accidents Claims Tribunal, Aizawl, Mizoram in MACT Case No. 17/2013 by which the claim petition filed by the appellant as claimant was dismissed.
(2.) The brief facts of the case is that the present appellant as claimant had filed a claim petition claiming compensation for the death of her son F. Lalhriatpuia who died in the vehicular accident at Chanmari-III, Lunglei Mizoram on 16.2.2012. The accident vehicle (Scooty Rodeo) bearing registration No. MZ-02/A- 1862 was driven by the son of the appellant at the time of the accident. The said Scooty was registered in the name of the respondent No. 1 who is also the father of the deceased and the husband of the appellant.
(3.) Mr. Zochhuana, learned counsel appearing for the appellant submits that as the vehicle (Scooty Rodeo) was already insured, any person can use the vehicle with the consent of the owner and that anyone who had no interest in the subject matter of an insurance can also claim the benefit of the insurance. He, therefore, submits that the learned Tribunal has erred in coming to the finding that the Insurance Policy being a liability only policy does not cover the deceased who was the rider of the accident vehicle at the time of the accident. He, further submits that the finding of the learned Tribunal that the Insurance Policy being a liability only policy would not cover the deceased who was the rider of the Scooter and that as the respondent No. 1 being the father of the deceased and also the husband of the claimant, no claim can be made against each other and the same is contrary to the provision of the Motor Vehicles Act, 1988 is perverse.