NELSON SAILO
Zadingliana S/o Zamawia (L) – Appellant
Versus
Thakur Chand S/o Het Ram – Respondent
1. Heard Mr. S. Pradhan, the learned counsel for the appellant and Mr. R. Lalnunpuia, the learned counsel for the respondent No. 2. None appears for the respondent No. 1 despite notice.
2. This is an appeal against the Judgment & Award dated 28.07.2017 passed in MACT Case No. 15/2015 whereby, the learned Motor Accident Claims Tribunal, Aizawl (the Tribunal) has awarded a sum of Rs. 9,70,000/- along with interest @9% per annum from the date of filing the claim petition i.e., 16.03.2015 to the claimant/appellant.
3. The appellant was also the claimant before the Tribunal and he filed an application under Section 166 of the Motor Vehicles Act, 1988 (MV Act) claiming compensation for the death of his son Sh. Lalfakzuala, who was aged 29 years due to a vehicular accident on 30.01.2015, while he was proceeding from West Phaileng to Dampa Rengpui in Mizoram. The appellant’s son was travelling in an Ashok Layland Truck bearing Registration No. HP35-2528 driven by one Gopal Singh. The accident happened when there was a sudden leakage of gas from the LPG gas cylinder kept inside the cabin of the Truck. The appellant’s son fearing explosion of the cylinder due to the leakage o
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