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2020 Supreme(Gau) 633

MICHAEL ZOTHANKHUMA
National Insurance Co Ltd – Appellant
Versus
K. Tuchhuana, F/o K Lalruatpuia – Respondent


Advocates Appeared:
Johny L Tochhawng, Advocate, Benjamin Lalthlamuana, Advocate, Lalnunnema Pachuau, Advocate, Nicholas Lalremmawia, Advocate, L.H. Lianhrima, Advocate, Ruth Lalruatfeli, Advocate

JUDGMENT

Michael Zothankhuma, J. - Heard Mr. Johny L. Tochhawng, learned counsel for the appellant Insurance Company and Mr. L.H. Lianhrima, learned senior counsel appearing for the respondent Nos. 1 to 4.

2. This appeal has been filed by the appellant Insurance Company, which insured the LPK Tipper bearing registration No. AS-11 BC-6999 owned by the respondent No. 5. The respondent Nos. 1 to 4 are the father, mother and two sisters of the deceased respectively. The respondent No. 6 is the driver of the LPK Tipper. The appeal has been filed against the Judgment & Award dated 12.06.2019 passed by the MACT, Aizawl in MACT Case No. 53/2017, by which compensation amount of Rs. 39,55,000/- has been awarded to the claimants, alongwith interest @ 7% per annum from the date of filing of the claim petition till final payment.

3. The brief facts of the case is that the respondent Nos. 1 to 4, who are the claimants filed MACT Case No. 53/2017 due to the death of K. Lalruatpuia, 29 years, who died in a vehicular accident on 10.07.2017, involving a Truck (LPK Tipper) bearing registration No. AS 11 BC 6999 and bike No. MZ 04 6332, in which the deceased was the pillion rider. While the bike driver s

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