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2021 Supreme(Gau) 748

New India Assurance Co. Ltd. – Appellant
Versus
C. Khuanghliri – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Lalfakawma, Advocate
For the Respondents:L.H. Lianhrima, Sr. Advocate

JUDGMENT :

Michael Zothankhuma, J.

1. Heard Mr. Lalfakawma, learned counsel for the appellant as well as Mr. L.H. Lianhrima, learned senior counsel appearing for the respondent No. 1. No one appears for the respondent No. 2, even though the appellant's affidavit dated 23.03.2021 and the copies of the newspapers i.e. Nagaland Post and Assam Tribune, both dated 17.03.2021, show that notice had been issued to the respondent No. 2 by newspaper publication, in terms of the order dated 24.2.2021 issued by this Court. Accordingly, notice is deemed to be served on the respondent No. 2.

2. The challenge made by the appellant Insurance Company to the impugned Judgment & Award dated 25.05.2018, passed by the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 31/2016, by which compensation amounting to Rs. 5,50,000/- along with interest @ 7% per annum from the date of filing of the claim petition till final payment has been awarded, is on the ground that the vehicle owner had not been insured, as the cheque given for the Insurance Policy had bounced. As such, no liability could be fastened upon the appellant Insurance Company.

3. Mr. Lalfakawma, learned counsel for the appellant submits that

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