GAHC030001642024 2025:GAU-MZ:92 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : MACApp./2/2024 United India Insurance Co.Ltd.

Aizawl Branch Aizawl r/b its Branch Manager Aizawl VERSUS Sh. Lalzawmliana and 7 Ors.

F/o C.Lalramdinsanga (L)

R/o West Phaileng Mamit District Mizoram

2:Smt. Lalruati R/o West Phaileng Mamit District

3:Sh. C.Lalrinpuia R/o West Phaileng Mamit District

4:Sh.C Lalramngaihawma R/o West Phaileng Mamit District

5:Smt. C. Lalhriatkimi R/o West Phaileng Mamit District

6:National Insurance Co.Ltd. r/b its Branch Manager Zodin Square Aizawl

7:MS Singh and Saikia Transporters NST Colony Kohima Nagaland

8:Deepak Medhi Kamrup Assam Advocate for the Petitioner : Mr K Laldinliana Advocate for the Respondent : Mr C Lalfakzuala BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR Date of hearing : 12.03.2025 Date of Judgment: 29.04.2025 JUDGMENT & ORDER(CAV)

Heard Mr. K. Laldinliana, learned counsel for the appellant. Also heard Mr. C. Lalfakzuala, learned counsel, appearing on behalf of respondents No. 1 to 5; and Mr. Johny L. Tochhawng, learned counsel, appearing on behalf of respondent No. 6.

2. The instant appeal has been instituted by the appellant assailing the judgment & order, dated 17.10.2023, passed by the learned Member-cum- Presiding Officer, Motor Accident Claim Tribunal, Aizawl, in MACT Case No.

19/2020, allowing the claim of the claimants, therein.

3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed, as under:

C. Lalramdinsanga, who was aged around 35 years, had died in a vehicular accident on 22.01.2020. The victim while proceeding towards Chanmari from Chaltlang, was caught up in a traffic jam. As the vehicles started moving, a truck bearing registration No.NL01/AB3627 moving in the opposite direction to which the victim was so proceeding on his bike, run over the victim. The offending vehicle was driven by one Deepak Medhi.

The victim had fallen down from his bike and the said truck had run over his body and the victim succumbed to his injuries on the spot itself. While the offending vehicle i.e. the Truck was insured with the United India Insurance Co. Ltd./appellant, herein, and the policy, in question, was within the validity period on the date of the accident; the bike was so insured with National Insurance Co. Ltd., i.e. respondent No. 6, herein.

On receiving the information of the said accident, an inquiry report was submitted by the police personnel pertaining to the said accident, leading to registration of Aizawl Police Station Case No. 44/2020, under Section 304(A)/279 of the Indian Penal Code. On completion of the investigation in the said police case, the investigating authority submitted a charge-sheet in the matter against the driver of the offending vehicle. The charge-sheet reveals that a prima facie case under Section 304(A)/279 of the Indian Penal Code, was found established against the driver of the offending vehicle i.e. Shri Deepak Medhi.

The respondents No. 1 to 5, in the present appeal, as claimants, moved before the Motor Accident Claim Tribunal, Aizawl, by way of instituting a claim case being MACT Case No. 19/2020. The learned Tribunal on the pleadings of the parties being completed, proceeded to frame 5(five) issues in the matter and thereafter, the trial of the case commenced.

The claimants, in support of their claim, examined as many as 7(seven)

witnesses while the appellant and the respondent No. 6, herein, had examined 1(one) witness, each. On completion of the trial and upon hearing of the arguments of the parties to the proceeding, the learned Member-cum-Presiding Officer, Motor Accident Claim Tribunal, Aizawl, proceeded vide judgment & order, dated 17.10.2023, to allow the claim petition filed by the claimants No. 1 to 5(respondents No. 1 to 5, herein) by directing the appellant, herein, to deposit a sum of Rs. 54,09,000/- only with interest at the rate of 7% from the date of filing of