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2019 Supreme(Gau) 1331

MICHAEL ZOTHANKHUMA
Oriental Insurance Company Ltd. – Appellant
Versus
Lalawmpuii – Respondent


Advocate Appeared:
For the Appellant :A.H. Borbuiya, Lalremruata Chenkual and Lalremtluanga, Advocates
For the Respondents:Lalchhanliana Khiangte, K. Vapawngia and K. Lalchhanhima, Advocates

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. Lalremtluanga, learned counsel for the appellant as well as Mr. Lalchhanliana Khiangte, learned counsel for the respondent No. 1. No one appears for the respondent No. 2.

2. Mr. Lalremtluanga, learned counsel for the appellant submits that the impugned Judgment & Award dated 18.05.2017, passed by the learned Motor Accident Claims Tribunal, Aizawl in MACT Case No. 19/2016, directing the appellant/Insurer to pay a sum of Rs. 28,54,000/-, along with interest @ 9% per annum, from the date of filing of the claim petition should be set aside, as there is no proof that the income of the deceased was Rs. 12,000/- per month.

3. Mr. Lalchhanliana Khiangte, learned counsel for the respondent No. 1 submits that the Income Certificate of the deceased was proved by the claimants. There was no objection to the Income Certificate at the time the said Certificate was exhibited. He submits that the deceased was an Electronic Technician, working in private firm at the time of his death and his pay of Rs. 12,000/- per month was not excessive. He accordingly submits that the Insurance Company has no right to raise any objection about the admissibility of the

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