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2023 Supreme(Gau) 1371

NELSON SAILO
Lalhruaitluangi, D/o. Rangchhingpuii (L. ) – Appellant
Versus
Bajaj Allianz Gen. Insu. Co. Ltd. , Represented by the Branch Manager – Respondent


Advocates Appeared:
For the Appellant : Mr. C. Lalfakzuala, Ms. Mercy Lalhriattluangi, Ms. H. Lalrosangi.
For the Respondents: Mr. Roshan Subedi, Mr. Pradeep Chhetri, Ms.Ruthi Vanlalhruaii.

JUDGMENT :

Heard Mr. C. Lalfakzuala, learned counsel for the appellant and Mr. Roshan Subedi, learned counsel for the respondent No. 1. None appears for the respondent No. 2 despite notice.

2. By filing this appeal under Section 173 of the Motor Vehicles Act, 1988 (as amended) (M.V. Act), the appellant/claimant being aggrieved with the Judgment & Order dated 29.05.2023 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, Aizawl (Tribunal) in MACT Case No. 26/2020 dismissing the claim of the appellant has preferred the instant appeal. It is the case of the appellant that her parents while travelling in a Grand i10 vehicle bearing registration No. MZ-09 -1721 on 15.04.2020 driven by the respondent No. 2 met with an accident at Nausel Phai road in the outskirt of Sihphir Venghlun village, Aizawl District, Mizoram. As a result of the accident, both her parents died on the spot. However, the owner-cum-driver of the vehicle i.e., respondent No. 2 survived with minor injuries. The appellant due to the said accident and loss of her parents filed two (2) claim applications before the Tribunal i.e., MACT Case Nos. 25 and 26 of 2020 under Section 164 of the M.V Act as amen

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