1. Heard Mr. S.N. Meitei, learned counsel for the appellant. Also heard Mr. A.K. Rokhum, learned counsel for the respondent No. 1. None appears for the respondent No. 2.

2. The Oriental Insurance Co. Ltd. Zarkawt Aizawl filed this appeal under the provisions of section 173 of the M.V. Act, 1988 for setting aside and/or modifying the final order and award dated 13.12.2004 passed in MACT Case No. 41/01 by the learned Member MACT Aizawl. By the impugned award the learned tribunal awarded an amount of Rs. 2,52,425 to the claimant inclusive of the interim award amounting to Rs. 25,000.

3. Before entering into merit of this appeal perhaps it would be appropriate for this court to project the case of the respondent No. 1-claimant. Respondent No, 1-Vanlalhliri is the wife of late Sapliana, a resident of Bungkawn Nursery Aizawl. The respondent No. 1-claimant and her late husband Sapliana were passenger of a Maruti Van bearing registration No. AS-II/1-1315 along with some other passengers. The said Maruti Van was taken on hire by the passengers including the respondent No. 1 and her late husband. It was traveling toward Shillong from Silchar at about 4:00 A.M. This Maruti Van met with an accident by colliding with a truck bearing registration No. AS-01/F-5088 at Bapung Village in Jaintia Hills, Meghalaya on 2.4.2000. As a result of head on collision all the passengers of the said Maruti Van sustained injuries on their persons. All the injured persons were removed to Woodland Hospital, Dhanketi, Shillong before arrival of the Police personnel. The officer in-charge of Laitumkhrah Police Station had taken immediate steps and made an enquiry of the accident and during the said enquiry, it was found that the accident £ occurred due to rash and negligent driving of the accident vehicle by the driver. The driver who was driving the Maruti Van had a valid driving licence with him at the time of accident. It is contended in the claim petition by the respondent-claimant that all the injured persons were proceeding to B. Baruah Cancer Institute, Gauhati for treatment. As a result of such accident the claimant suffered fracture injury in her sixth ribs and fracture of both the bones of the left leg. After release from the Woodland Hospital on 15.4.2000, the claimant- respondent had also got admission into the Civil Hospital, Aizawl for further treatment. The doctor who attended and treated the claimant-respondent issued a certificate showing 12% permanent disablement. The claimant, therefore, in view of the receipt of the injuries on her person due to the accident filed a claim petition exhibit C/l, under section 166 of the M.V. Act.

4. Pursuant to the filing of this claim petition and notice so issued, the appellant being the insurer of the offending vehicle and the owner of the offending vehicle contested the claim by filing written statement.

5. The learned tribunal, having considered the averment(s) made in the pleadings of the either party framed the following issues :

(1) Is the claim petition is maintainable in law and in fact ?

(2) Is the claim petition barred by limitation and by principles of estoppel, waiver and acquiescence ?

(3) Was the accident caused due to rash and negligent driving by the driver/opposite party of the vehicle

(4) Is the claimant is entitled to compensation as claimed for ? If so, what extent ?

(5) Are the opposite parties liable to pay the compensation ? If not, who else?

(6) To what other relief, if any, is the claimant entitled ?

6. Inquiry commenced the claimant who is the respondent No. 1 herein put herself into the witness box in support of her claim petition. During the course of enquiry, the claimant has proved some documents marked as exhibits C/l -C/17.

7. No evidence either oral or documentary has been adduced either by the appellant or the owner of the offending vehicle. At the conclusion of the inquiry learned tribunal awarded compensation to the tune of Rs. 2,52,425 in all. Now the insurance company, the insurer o

Click Here to Read the rest of this document