JUDGEMENT

Date : 19-08-2021 [1.] Heard Mr. Zochhuana, learned counsel for the appellant/Insurance Company. Also heard Mr. Zoramchhana, learned counsel for the respondent/claimant.

[2.] This appeal has been filed against the Judgment & Award dated 27.07.2020 passed by the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 33/2018, by which the learned Tribunal had awarded the compensation amount of Rs. 5,50,000/- along with interest @ 7% per annum from the date of filing the claim petition, i.e., 25.07.2018 till final payment.

[3.] The appellant’s counsel submits that the daughter of the respondent/claimant was a pillion rider in a Scooty bearing No. MZ01-N-7328 driven by one Mr. Lalhmangaihzuala. When the Scooty tried to overtake a Truck bearing No. NL01-Q-9257, the daughter of the respondent/claimant fell off the Scooty and was crushed by the right rear wheel of the Truck. The accident occurred on 27.05.2018 at around 4:20 P.M. and as a result of the accident, the deceased died on the way to the hospital.

[4.] The respondent/claimant thereafter filed a claim petition under Section 163-A of the Motor Vehicles Act, 1988, herein after referred to as “the Act”.

[5.] The appellant/Ins