LAWS(GAU)-2015-9-82

ZOHMINGTHANGI Vs. VANLALHLUA

Decided On September 08, 2015
Zohmingthangi Appellant
V/S
Vanlalhlua Respondents

JUDGEMENT

(1.) Heard Mr. T.Lalnunsiama, counsel for the claimants/appellants who submits that the claimants are aggrieved with the Judgment and Award dated 9.3.2015 passed in MACT case No. 10 of 2014. The brief facts of the case is that, the husband of the appellant No.1 died in a motor vehicle accident involving the Taxi No.MZ-01-H/6928, driven by the deceased and another Taxi bearing registration No. MZ-01-H/6525 driven by one Vanlalhruaia. The appellant No.1 is the wife of the deceased, the appellant No.2 is the mother of the deceased and the appellant No.3 is the son of the deceased. The appellants filed their claim before the MACT, Aizawl claiming the total compensation amount of Rs.5,42,300/-. The break-up of the compensation claimed by the appellants is as follows :

(2.) The appellants counsel submits that the Judgment and Award dated 9.3.2015 passed in MACT Case No. 10 of 2014 should be set aside as it suffers from the following infirmities:

(3.) The counsel for the appellants has relied upon the Judgment of the Apex Court passed in Neeta W/o Kallapp a Kadolkar & Others etc. vrs- The Divisional Manager, MSRTC, Kolhapur, 2015 1 TAC 340 (SC) which has held that an amount of Rs. 50,000/- (Rupees fifty thousand)only each is to be awarded to the parents of the deceased for the loss of love and affection of the deceased son.