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2022 Supreme(Gau) 367

MARLI VANKUNG
National Insurance Co. Ltd. – Appellant
Versus
David Vanlalhruaia, F/o. Francis Lalkulhpuia (L) – Respondent


Advocates Appeared:
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.

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 r

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