Point of law: Appeal - Grounds of appeal projected by the appellant are three- fold. Firstly, the appellant contends that the Income Certificate issued by the employer of the deceased person is baseless and appear to be false and fabricated

JUDGMENT :

Heard Mr. Lalremtluanga, learned counsel for the appellant and Mr. Lalchhanliana Khiangte, learned counsel for the respondent No. 1/claimant. None appears for the respondent No. 2.

2. This is an appeal filed by the appellant against the Judgment & Award dated 18.05.2017 passed by the Motor Accident Claims Tribunal (Tribunal), Aizawl in MACT Case No. 19/2016 whereby, the respondent/claimant was awarded a sum of Rs. 28,54,000/- along with 9% interest per annum from the date of filing the claim application as compensation for the death of her husband.

3. Brief facts of the case essential for disposal of the appeal may be noticed at the outset. According to the claimant, her husband Mr. Ramchullova aged 36 years was travelling in a Lai Night Super (Lawngtlai to Aizawl service) Model No. 1510 bearing registration No. MZ-03-2155 belonging to the respondent No. 2 herein. The said bus met with an accident near Ramlaitui village while proceeding towards Lawngtlai from Aizawl. The bus ran off the main road and rolled down the cliff for about 120 meters. As a result of the accident, the vehicle was badly damaged and 10 occupants including the driver succumbed to their injuries on the spot while 9 other occupants sustained injury. The husband of the claimant was amongst those who died on the spot. As a result, the respondent/claimant submitted a claim application before the Tribunal claiming Rs. 27,10,000/- and any other admissible amount under law. The claim was made under Section 166 of the Motor Vehicles Act, 1988 (M.V Act, 1988). The deceased person was survived by his wife and two (2) minor sons namely, John Vanlallawmawma and Lalrinhlua.

4. It was the case of the respondent claimant before the Tribunal that her late husband was working as an Electronic Technician at Three Brothers Technical Works, Zemabawk, Aizawl and was earning Rs. 12,000/- per month. The respondent/claimant examined herself as claimant witness No. 1, Sh. Rohmingliana Sailo, Inspector of Police as claimant witness No. 2 and she also examined Sh. Lalrodawnga, the proprietor of Three Brothers Technical Works and the employer of her late husband as claimant witness No. 3. As for the appellant Insurance Company, besides cross-examining the claimant’s witnesses, the Insurance Company did not produce any witness of their own. The Insurance Company however filed a written statement. The respondent No. 2 in this appeal who is the owner of the accident vehicle filed a written statement before the Tribunal stating that the vehicle was validly insured with the appellant Insurance Company and as such, any liability to pay compensation to those injured or deceased would be the responsibility of the Insurance Company. The Tribunal thereafter vide Judgment & Award dated 18.05.2017 disposed of the claim by awarding a sum of Rs. 28,54,000/- along with 9% interest per annum from the date of filing of the claim application as compensation to the respondent claimant. The Insurance Company being aggrieved is before this Court through this appeal.

5. Mr. Lalremtluanga, learned counsel for the appellant submits that the learned Tribunal committed an error in law and on facts in relying upon the Income Certificate produced by the respondent claimant, which was said to have been issued by the claimant witness No. 3 without any basis. The learned counsel further submits that the Income Certificate appears to be false and fabricated and therefore, the Tribunal could not have relied upon the same for awarding compensation to the respondent claimant. The learned counsel further submits that the rate of interest awarded by the Tribunal i.e., 9% per annum is on the higher side since the Ministry of Finance, Govt. of India has fixed the interest rate of 8.1% in respect of General Provident Fund. Therefore, the learned Tribunal ought to have relied upon the same to award interest to the claimant/respondent. The learned counsel lastly submits that the amount of compensation awarded by the Tr