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2017 Supreme(Gau) 1363

MICHAEL ZOTHANKHUMA
New India Assurance Co. Ltd. – Appellant
Versus
S. Muana – Respondent


Advocates Appeared:
For the Appellant :Lalfakawma and T. Lalzekima, Advocates.
For the Respondents:Lalchhanliana Khiangte, Lalengkima Colney and Lalramnghaki, Advocates.

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. Lalfakawma, learned counsel for the appellant New India Assurance Company Limited. Also heard Mr. Lalchhanliana Khiangte, learned counsel for the respondent/claimant The question that has to be decided in this appeal is whether compensation can be awarded under conventional heads under an application made under Section 163-A of the Motor Vehicles Act, 1988.

2. The brief facts of the case is that the deceased Lalchhanhima, 31 years of age died in a motor accident when the vehicle he was driving rolled down a hill. The deceased was driving an LPT 3118TC, bearing registration No. MZ-01 J/7379 on 23.06.2015. Thereafter, his father made a claim for payment of compensation under Section 163A of the Motor Vehicle Act, 1988.

3. The learned MACT, Aizawl, vide Judgment & Award dated 03.10.2016, passed in MACT Case No. 3 of 2016, awarded compensation amount of Rs. 9,62,000/- along with interest @ 9% per annum from the date of filing of the claim petition i.e., 12.02.2016 till final payment to the claimant

4. The amount of compensation arrived at



































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