B.P. Katakey, J.

1. This appeal, by the Insurance Company is directed against the judgment and award dated 22nd February, 2010 passed by the learned Member, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 84/2002, whereby and whereunder an amount of Rs.2,97,833/-has been awarded as compensation for the death of the claimant/Respondent No. 1's mother in a motor accident occurred on 4th May, 1999, arising out of the use of the motor vehicle bearing registration No. MZ-02/2267 (407 Tata Mini Truck), resulting in the death of the claimant's mother.

2. The claimant filed an application under Section 163-A of the Motor Vehicles Act, 1988 (in short, "the Act") claiming compensation for the death of his mother in the aforesaid accident. The said application was registered and numbered as MAC Case No. 84/2002. The Appellant/Insurance Company, on receipt of the summons entered appearance and filed the written statement. The owner of the offending vehicle initially, however, did not file the written statement, which was filed subsequently after remand.

3. The learned Tribunal initially vide judgment dated 28th March, 2005 awarded the compensation of Rs.3,33,000/-, for the death of the claimant's mother, against the owner of the offending vehicle, however, with a direction to the Insurance Company to satisfy the said award and to recover it from the owner subsequently. The said judgment and award was put to challenge by the Insurance Company before this Court in MAC Appeal No. 62/2005, which appeal was disposed of vide order dated 6th February, 2008 remanding the case to the learned Tribunal for deciding afresh, after giving opportunity to both the parties to adduce additional evidence, both oral and documentary, with regard to the coverage of risk of the owner of the offending vehicle relating to the passenger carried in the said commercial vehicle.

4. The Appellant/Insurance Company, after remand, filed the additional written statement. The owner of the offending vehicle also filed the written statement. The claimant in support of his claim altogether examined 2 (two) witnesses. The Insurance Company as well as the owner of the offending vehicle also examined 1 (one) witness each, after the remand. The learned Tribunal, thereafter, by the impugned judgment dated 22nd February, 2010 awarded the amount of Rs.2,97,833/-, as compensation and directed the Insurance Company to satisfy the said award with interest @ 9% per annum under Section 171 of the Act till final realization of the same, by holding that there is a contract of insurance between the Insurance Company and the owner of the offending vehicle covering the risk of the owner in respect of the person carried in the commercial vehicle. Hence, the present appeal.

5. I have heard Mr. M. Guite, learned Counsel for the Appellant and Mr. A.R. Malhotra, learned Counsel appearing for the Respondent No. 2. None appears for the claimant/Respondent No. 1, despite service.

6. Mr. Guite, learned Counsel for the Appellant referring to the policy of insurance, which has been proved and marked as Exhibit-D/1, has submitted that the owner of the offending vehicle, the Respondent No. 2, by paying additional premium of Rs.75/- has covered his risk in relation to the legal liability to the non fare paying passengers as mentioned in IMT-13 of the contract of insurance and since the deceased was neither an employee nor any other person directly connected with the journey in one form or other being carried in or upon or entering or mounting or alighting from the motor vehicle in question, the Insurance Company cannot be made liable for the amount of compensation awarded against the owner of the offending vehicle. The learned Counsel, therefore, submits that the direction issued by the learned Tribunal directing the Insurance Company to satisfy the award may be set aside.

7. Mr. Malhotra, learned Counsel appearing for the Respondent No. 2, on the other hand, referring to IMT-13 of the contract of