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2024 Supreme(Gau) 1448

NELSON SAILO
Parmawii – Appellant
Versus
C. Lalthangmuana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Johny L. Tochhawng.
For the Respondent: L.H. Lianhrima.

JUDGMENT :

NELSON SAILO, J.

1. Heard Mr. Johny L. Tochhawng, learned counsel for the appellants and Mr. L.H. Lianhrima, learned Senior Counsel assisted by Ms. Ruth Lalruatfeli, learned counsel for the respondents.

2. This is an appeal preferred by the appellants against the Judgment & Award dated 02.12.2021 rendered by the Motor Accident Claims Tribunal (the Tribunal), Aizawl in MACT Case No. 6/2018 dismissing the claim of the appellants filed under Section 166 of the Motor Vehicles Act, 1988 (M.V Act).

3. Brief facts of the case essential for disposal of the instant appeal is that the appellant No. 1 is the mother of the deceased and the appellant Nos. 2, 3 & 4 are the children of the deceased person. The deceased person late Lalnunhlima, who was aged about 26 years is said to have died due to a motor vehicular accident which occurred on 17.02.2013. Late Lalnunhlima on 17.02.2013 was heating up bitumen by burning firewood. At that moment, a truck bearing registration number MZ07 - 0349 driven by the respondent No. 2 and owned by the respondent No. 1 in the instant appeal ran over the firewood, which was used to heat up the bitumen. As a result, the bitumen got spilled upon late Lalnun

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