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2019 Supreme(Gau) 898

MICHAEL ZOTHANKHUMA
New India Assurance Co. Ltd. – Appellant
Versus
Sh. K. Vanlalthanzuala – Respondent


Advocates Appeared:
Lalfakawma, Adv., T. Lalzekima, Adv., L.H. Lianhrima, Adv., Ruth Lalruatfeli, Adv., Jonathan L Sailo, Adv., H. Zodinsanga, Adv., L. Lalnunsiama, Adv., Emily L Chhangte, Adv.

JUDGMENT :

Michael Zothankhuma, J.

Heard, Mr. Lalfakawma, learned counsel for the appellant/Insurance Company. Also heard Mr. L.H Lianhrima, learned counsel for the claimant/respondent No. 1 and Mr. Jonathan L. Sailo, for the respondent No. 2/owner of the accident vehicle.

1. The appellant has challenged the impugned Judgment & Order dated 27.04.2018 passed by the MACT, Lunglei, in MACT No. 13/2007, stating that the learned Tribunal has not followed the 2nd Schedule of the M.V Act, 1988, while awarding compensation to the claimant, who was injured in a vehicular accident in the year 2007 and his permanent disability percentage was recorded as 50%-60%. The appellant's counsel submits that the compensation amount of Rs. 4,73,007/- awarded by the learned Tribunal is without any basis, keeping in mind the fact that the respondent No. 1 was a student.

2. The appellant's counsel submits that as the claim petition has been made under Section 163A of the M.V Act, 1988, compensation has to be awarded under the 2nd Schedule. The appellant's counsel also submits that the 2nd Schedule to the M.V Act, 1988 provides for payment of medical expenses up to Rs. 15,000/- only, as onetime payment. Thus, t

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