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2007 Supreme(Gau) 45

A.B.PAL
New India Assurance Co. Ltd. – Appellant
Versus
Lalthangveli – Respondent


JUDGMENT

A.B. Pal, J.

1. The same common judgment and award dated 22.3.2005 by the Motor Accidents Claims Tribunal, Aizawl passed in M.A.C. Case Nos. 79 and 80 of 2002 being impugned in the above two appeals preferred by the insurer appellant, I propose to dispose them by this common judgment.

2. In a motor accident that occurred on 2.5.2002, Lalthangveli and her husband K. Zomuana, sustained injuries. The vehicle bearing registration No. MZ 01-B 0498 involved in the accident was a truck, which they hired for carrying the sandstone. It was found later that the accident had taken place due to failure of the brake system and not due to any negligence on the part of the driver. No criminal case was, therefore, registered against the driver of the vehicle. The injuries sustained by the wife rendered her permanently disabled to the extent of 30 per cent only. The husband came to be permanently disabled to the extent of 3 per cent only.

3. While deciding the claim of compensation, the learned Tribunal accepted the claim of monthly income of the wife to be Rs. 3,500 (rupees three thousand five hundred) and multiplied the same by 12 and 17 (multiplier). 30 per cent (being disablement) of the s








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