JUDGEMENT
Nelson Sailo -
(1.)Heard Mr. Zochhuana, the learned counsel for the appellant and Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. H. Lalmalsawmi for the respondent No. 1. None appears for the respondent No. 2 (Owner).
(2.)This is an appeal preferred by the appellant Insurance Company against the Judgment & Award dated 22.09.2017 passed by the learned Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl (the Tribunal) in MACT Case No. 60/2014 awarding a sum of Rs. 9,26,000/- (Rupees Nine Lakhs Twenty Six Thousand) only along with 9% interest per annum from the date of filing i.e., 15.09.2015 to the respondent No. 1 (claimant) on account of the death of his daughter Lalliankimi in a motor vehicular accident on 19.07.2014 between Baktawng and Buhkankawn village.
(3.)Mr. Zochhuana, the learned counsel appearing for the appellant submits that the vehicle involved in the accident is a Mahindra Pick up bearing Registration No. MZ-06/3136 and it is a goods vehicle. As per the Insurance policy subscribed by the owner of the vehicle concerned, the policy does not cover carriage of gratuitous passenger, since the same is a goods vehicle. Therefore, the appellant is not liable to pay compensation and that if at all any compensation is to be paid, the owner of the vehicle will only be liable. In this connection, he refers to the decision of the Apex Court in the case of Oriental Insurance Company Limited Vs. Devireddy Konda Reddy and Others, 2003 2 SCC 339.
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