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2022 Supreme(Gau) 367
IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
MARLI VANKUNG, J.
The National Insurance Co. Ltd. - Appellant
Versus
David Vanlalhruaia, F/o. Francis Lalkulhpuia (L) & Ors. - Respondents
MAC Appeal No. 17 of 2018
Decided On : 01-04-2022
For the Appellant : Mr. Johny L. Tochhawng, Mr. Benjamin Lalthlamuana, Mr. Lalnunnema Pachuau.
For the Respondents: Mr. L.H. Lianhrima, Sr. Adv., Ms. Lalramnghaki, Mr. Lalengkima Colney.
Point of Law: Explanation given for delay in filing the FIR that the victim in the accident was seriously injured and had to be looked after while he was hospitalized till he succumbed to his injuries, is plausible enough.
Headnote:
Motor Vehicle Act, 1988 – Section 163A – Compensation – Special provisions as to payments of compensation on structured formula basis – Whether present claim application is maintainable in present form and style – Whether claimant is entitled to compensation, and if so, who is liable to pay and to what extent – Whether deceased driver who drove accident vehicle (Motor bike) stepped into shoe of owner was not raised before learned tribunal – No miscarriage of justice if the father and the children of the deceased, being dependants of the deceased are the claimants. (Para 22)
Finding of the Court:
Court find that no evidence was taken or made out during cross examination of witness to establish relationship between deceased and owner of vehicle/respondent no.4 – Regarding non-joinder or mis-joinder of parties, this should have been raised before the learned Tribunal – Court also find that there is no miscarriage of justice if father and children of deceased, being dependants of deceased are claimants – Non-joinder or mis-joinder of parties, this should have been raised before the learned Tribunal.
Result: Appeal is dismissed.
JUDGMENT :
Heard Mr. Johny L. Tochhawng, learned counsel for the appellant as well as Mr. L.H. Lianhrima, learned Senior counsel for the respondents.
2. This is an appeal against the Judgment & Award dated 17/07/18 wherein the Ld. Tribunal awarded the respondent No. 1-3/claimants an amount of Rs.5,00,000/- as compensation with interest @ 7% per annum from the date of filing the claim petition i.e. 4/4/2017 until realization of the whole amount.
3. Brief facts of the case is that on 26.06.2015 at 2:00 PM to 3:00 PM the deceased Francis Lalkulhpuia drove out a motor vehicle (Yamaha FZ-SFI) B/R No. MZ-01-K-9547 and met with an accident at Melriat village. As a result of which he was seriously injured and rushed to Civil Hospital, Aizawl where he was diagnosed to have seriously injured his head, however, due to none availability of bed, he was admitted to a private hospital at Aizawl Hospital & Research Centre, and succumbed to his injury on 2.7.2015. An FIR was submitted to Kulikawn P.S. by the wife of the deceased namely Zorinmawii D/o Lalrintluanga of Melriat on 17.7.2015 (i.e. 21 days after the incident) and a case was registered as GDE No. 10 at 1:00 PM on the same date. The Police report was then made on the same day the FIR was submitted i.e. on 17.7.2015. The Police report made by the O/C, Kulikawn Police Station stated that from the enquiry made no foul play was found in the incident and the incident was purely accidental.
4. Respondent Nos. 1-3/Claimants thereafter, on 4.4.2017 filed the claim petition before MACT, Aizawl under Section 163A of the Motor Vehicle Act, 1988 wherein they claimed compensation amounting to Rs. 9,49,423/-with interest against the above mentioned Appellant Insurance Co /O.P No.2.and the Respondent No. 4/owner of the vehicle (Yamaha FZ-SFI) B/R No. MZ-01-K-9547.That the deceased was a daily labourer at the time of his death and used to earn around Rs.3000/-per month and looked after the Respondent Nos. 1-3/Claimants. The said claim petition was registered as MACT Case No. 22/2017.
5. The Respondent No.4 /O.P No. 1 contested the case by filing Written Statement stating amongst others that he is the owner of the accident vehicle (Yamaha FZ-SFI) B/R No. MZ-01-K-9547.That the driver of the accident vehicle Francis Lalkulhpuia held a valid Driving Licence No. OLA:MZ-01200723717 as such as per the Motor Vehicle Rules, that he can drive the said vehicle. That the accident vehicle was validly insured with the O.P No. 2/Appellant Insurance Co. under policy No. 200504/31/14/6200002963 covering the date of the accident i.e. 26.6.2015. Thus, all the liability should be shifted to the O.P No. 2/Appellant i.e. National Insurance Co. Ltd.
6. The Appellant Insurance Co./ O.P No.2 contested the claim and denied that a vehicle (Yamaha FZ-SFI) B/R No. MZ-01-K-9547 slide and hit the wall on a roadside and one Francis Lalkulhpuia died purely due to accident and that the deceased Francis Lalkulhpuia was not having valid driving license to drive a two wheeler but was holding LMV-NT license only at the time of the accident.
On the basis of the pleadings of the parties the Ld. Tribunal had framed the following issues :
(i) Whether the present claim application is maintainable in the present form and style?
(ii) Whether the claimant is entitled to compensation, and if so, who is liable to pay and to what extent?
7. The Respondent No. 1/Claimant examined only himself during the course of the trial and the Appellant Insurance Co/O.P 2 also examined one witness. After taking evidence the Ld. Tribunal had disposed the claim vide its Judgment & Award dated 17/07/18 wherein the Ld. Tribunal awarded the respondent No.1-3/claimants an amount of Rs.5,00,000/- as compensation with interest @ 7% per annum from the date of filing the claim petition i.e. 4/4/2017 until realization of the whole amount.
8. Aggrieved by the impugned Judgment & Award dated 17.07.2018 passed in MACT Case No. 22/2017, the Appellant/Opposite party No. 2 prefer to file
