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2021 Supreme(Gau) 311

MICHAEL ZOTHANKHUMA
United India Insurance Co Ltd Aizawl, Mizoram – Appellant
Versus
H Lianzeli Nursery Veng – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr Zochhuana Advocate
For the Respondent: Mr Zoramchhana

JUDGMENT :

[1.] Heard Mr. Zochh uana, learned counsel for the appellant/Insurance Company. Also heard Mr. Zoramchhana, learned counsel for the respondent/claimant.

[2.] This appeal has been filed against the Judgment & Award dated 27.07.2020 passed by the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 33/2018, by which the learned Tribunal had awarded the compensation amount of Rs. 5,50,000/-along with interest @ 7% per annum from the date of filing the claim petition, i.e., 25.07.2018 till final payment.

[3.] The appellant’s counsel submits that the daughter of the respondent/claimant was a pillion rider in a Scooty bearing No. MZ01-N-7328 driven by one Mr. Lalhmangaihzuala. When the Scooty tried to overtake a Truck bearing No. NL01-Q-9257, the daughter of the respondent/claimant fell off the Scooty and was crushed by the right rear wheel of the Truck. The accident occurred on 27.05.2018 at around 4:20 P.M. and as a result of the accident, the deceased died on the way to the hospital.

[4.] The respondent/claimant thereafter filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, herein after referred to as “the Act”.

[5.] The appellant/Insurance Company sub

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