NATIONAL INSURANCE CO LIMITED REPRESENTED BY ITS SENIOR DIVISIONAL MANAGER Vs. LALNUNPARI D/O LALTANNGAIA

JUDGEMENT

(1.) Heard Mr. Johny L. Tochhawng, the learned counsel for the appellant and Mr. Zochhuana, the learned counsel for the respondent No. 1. None appears for the respondent Nos. 2 & 3.

(2.) This is an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (MV Act, 1988) by the appellant Insurance Company against the Judgment & Award dated 12.06.2018, passed by the learned Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl, (The Tribunal) in MACT Case No. 65/2007. The Tribunal through the impugned Judgment & Award has awarded a sum of Rs. 8,35,800/- to the respondent No. 1 on account of the death of Smt. Krosmawii, i.e. the sister of the respondent No. 1 along with interest @ of 7% per annum from the date of filing the claim application, i.e. 01.08.2007.

(3.) Brief facts of the case is that the deceased Smt. Krosmawii, aged 24 years, while travelling in a motor vehicle, i.e. Tata Sumo-Victa-LX, bearing Registration No. MZ01-0490 belonging to the respondent No. 3 in the appeal and driven by the one Mr. R. Vanlalhruaia, met with an accident between Chhiahtlang and Chhingchhip on 30.05.2007. The Sumo vehicle coming towards Aizawl from Serchhip with 9 passengers in it had rolled down to the gorge about 140 feet from the main road of National Highway No. 54. 2 (two) passengers, namely, Sh. T. Lalchhuanga and Smt. Krosmawii succumbed to their injuries and died on the spot. As a result, the father of the deceased Krosmawii filed a claim for compensation before the Tribunal, i.e. MACT Case No. 65/2007. The claim was clubbed together with another case i.e. MACT Case No. 76/2007, which was said to be filed by one Mr. Rosanga, who claimed to be the widower of the deceased. However, the 2 cases after being clubbed together were dismissed for default and thereafter, a restoration application only in respect of MACT Case No. 65/2007 was filed. The restoration application was however dismissed by the Tribunal and as a result, the claimant approached this Court by filing a revision petition. The revision petition was disposed of by remanding the case back to the Tribunal for considering the case on merit. The learned Tribunal thereafter, dismissed the case on merit and which again prompted the claimant to approach this Court by filing MAC Appeal No. 2/2015. The appeal was again disposed of by this Court by remanding the case back again to the Tribunal for fresh consideration. Pursuant to the remand, the impugned Judgment & Award dated 12.06.2018, which is presently under challenged was passed by the Tribunal.