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2011 Supreme(Gau) 259

BROJENDRA PRASAD KATAKEY
New India Assurance Company Limited, represented by its Senior Branch Manager – Appellant
Versus
Vanrampari, Wife of Lalrozuala (L) and Shri Andrew L. Tochawng, Son of Z. Tochawng – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: M. Guite, Adv.
For Respondents/Defendant:H. Lalrinthanga, Adv. for Respondent No. 1, N. Sailo, Sr. Adv. and H. Dawngliani, Adv. for Respondent No. 2

JUDGMENT

B.P. Katakey, J.

1. This appeal, by the Insurance Company, is directed against the direction issued vide judgment and award dated 12th October, 2009 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 21/2008, to pay the compensation of Rs. 4,89,500/- with interest @ 9% per annum from the date of filing the application till the date of realization, awarded for the death of the claimant/Respondent No. 1's husband in a motor accident occurred on 17th October, 2007, where the deceased was traveling as detailed by the owner of the vehicle bearing registration No. MZ-01/C-2745.

2. The aforesaid MAC case was registered on the basis of the application filed by the Respondent No. 1 claiming compensation for the death of her husband in the said motor accident occurred on 17th October, 2010. While the Insurance Company, who was the opposite party No. 1 contested the proceeding before the learned Tribunal, the owner of the vehicle involved in the accident, the Respondent No. 2 herein, did not contest the said proceeding despite service of notice and hence the proceeding was decided ex-parte against him.

3. The claimant/Respondent No. 1 in support of her c














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