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2020 Supreme(Gau) 625

MICHAEL ZOTHANKHUMA
United India Insurance Co Ltd – Appellant
Versus
H. Sipaw – Respondent


Advocates Appeared:
Zochhuana, Advocate, R. Lalnunpuia, Advocate, Lalmalsawmi, Advocate, B. Lalramenga, Advocate, H. Kristazi, Advocate, Roshan Subedi, Advocate

JUDGMENT

Michael Zothankhuma, J. - Heard Mr. Zochhuana, the learned counsel for the appellant Insurance Company, which insured the truck (Tata Ace). Also heard Ms. H. Kristazi, appearing for the respondent Nos. 1 to 5/claimants and Mr. Roshan Subedi, learned counsel for the respondent No. 8/Insurance Company, which insured the Scooty driven by the deceased. No one appears for the respondent Nos. 6, 7 & 9.

2. As per the Order dated 23.10.2019 passed by this Court, notice was deemed to be complete against the respondent No. 6, the owner of the truck (Tata Ace). Respondent No. 7 is the husband of the respondent No.1, father of the respondent Nos. 2 to 4 and sister of the respondent No. 5. Respondent No. 7 is the person, who died in the vehicular accident and in respect of which the claim petition had been filed by the respondent Nos. 1 to 5 before the MACT, Aizawl. Respondent No. 9 is the Driver of the Truck (Tata Ace), which dashed into the Scooty driven by the deceased respondent No. 7. Respondent No. 6 is the owner of the truck (Tata Ace).

3. The present appeal has been filed by the Insurance Company, which insured the Tata Ace, challenging the compensation amount of Rs. 78,60,950/- a





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