Prasanta Kumar Saikia, J.

1. This appeal is directed against the award dated 21.11.2011 passed by learned MAC Tribunal, Aizawl in MACT Case No. 36/2008 refusing the claimants therein to grant the award, claimed on an in application, filed under Section 166 of the Motor Vehicle Act of 1988 (in short 'the Act') on holding that claimants could not prove that the servant of the state respondents committed the accident in question in the course of employment of public servants. Being aggrieved by and dissatisfied with such an award, appellants/claimants preferred this appeal citing several infirmities in the award dated 21.11.2011 rendered by learned Tribunal in MACT Case No. 36/2008.

2. Heard Mr. M. Zothankhuma, Sr. Advocate, assisted by learned the counsel Mr. Lalfakawma, Ms. D. Lalrinchhani and Ms. Nancy Lalruatkimi, all appearing for and on behalf of appellants. Also heard Mr. B. Lalramenga, learned counsel for respondents No. 1, 2 & 3.

3. The brief facts necessary for disposal of the present appeal are that on 31.07.2004, al function under the caption "Green Mizoram Day" was organized at Zemabawk, Aizawl. The said function was attended to by Chief Minister, Mizoram as the Chief Guest The meeting was attended to by one Mr. Liankhama, a Government servant in the Department of Environment & Forest, Mizoram and he came there in the vehicle which department had allotted to him. He was, however, accompanied by his daughter Lalhlimpuii, since deceased. The vehicle was driven by on Mr. P.C. Lalrintluanga, a driver on contract basis working under the department aforesaid.

4. On getting down from the vehicle at Zemabawk, Mr. Liankhama instructed his driver to take his daughter in his allotted vehicle to his farm, situated near Tuirial Airfield runway since his daughter wanted to plant some seedlings in the farm aforesaid. Unfortunately, on the way back, the said vehicle met with an accident near the Tuirial Airfield runway while it was driven by Mr. Lalrintluanga.

5. Smt. Lalhlimpuii, the daughter of Mr. Liankhama sustained serious wounds on her person for which she was taken to Greenwood Hospital but she succumbed to her injuries in hospital sometime later. Owing to such accident, a case was filed with Police at Bawngkawn P.S. which was registered as Bawngkawn P.S Case No. 555/04 under Sections 279 /304A /427 IPC following which the driver of the vehicle bearing No. MZ-01-4791 was arrested.

6. During the course of investigation, police examined the witnesses, acquainted with the facts and circumstances of the case. It also suspected that some mechanical defects might have occasioned the accident in question since the MVI Report reveals that the said accident occurred due to "the rear left wheel fell off from the axle causing the vehicle to rollover several times".

7. In due course, the investigating officer submitted offence report under Section 279 /304A /447 IPC against the accused person, namely, P.C. Lalrintluanga seeking his trial on the allegations aforementioned. The Court, thereafter, summoned the accused person. He entered appearance and on being, explained and read over the accusations, leveled against him, he pleaded guilty to the allegations so made. Accordingly the driver was held guilty of offence under Section 279 /304A /427 IPC and was sentenced to undergo imprisonment for a day and to pay a fine of Rs.1000/- in default S.I. for a month.

8. Subsequently, on 13.5.2008, the present appellants, through their next friend, their grandmother, had preferred an MACT Case vide MACT Case No. 36708, before the Motor Accident Claims Tribunal, Aizawl under Section 166 of the MV Act against the respondent No. 1 claiming, amongst other things, such compensation as is permissible under the law.

9. Notice on being served upon the respondent, he entered appearance and contested the case having filed written statements. It has been contended that the claim application is not maintainable, that there is no cause of action that it is barred