C.R. Sarma, J.

1. The judgment and award, dated 15.02.2008, passed by the learned Member, Motor Accident Claims Tribunal, Aizawl, is in challenge in this appeal, filed under Section 173 of the Motor Vehicles Act, 1988.

2. The claimant-Respondent No. 1 filed a claim case before the Motor Accident Claims Tribunal, Aizawl, claiming compensation amounting to Rs.17,00,000/-, due to the death of her father, namely, Lalsangvunga Ralte (L) (hereinafter called 'the deceased'). The learned Member of the Tribunal granted compensation of Rs.15,05,080/-in favour of the claimant, payable by the Appellant-opposite party No. 4 with interest thereon @ 9% per annum.

3. The claimant's case, giving rise to this appeal, may in brief, be stated as follows:

On 19.10.2005, the claimant's father, namely, Lalsangvunga Ralte, aged about 45 years, was travelling as a pillion rider of a Pulsar Bike, bearing Registration No. MZ-01/C-2671, owned and driven by Sri Laldawngliana, Durtlang Mel-5, Aizawl i.e. the Respondent No. 4 in this appeal and opposite party No. 3 in the claim case. As per the police report, the said driver of the bike, after proceeding some distance, while stopping for nature's call, could notice that the said pillion rider, was missing. Then he returned back and found the said pillion rider, lying in a pool of blood on the road. As the said Respondent No. 4 was drunk, apprehending arrest by police, he left for home. On the same night, at about 8.00 p.m., one Head Constable, namely, Sri Lalsangliana, finding the dead body of the deceased, lying on the national Highway, suspected that the deceased was run-over by a heavy vehicle. Accordingly, he lodged an FIR with the police. On receipt of the said information, police launched investigation into the matter, after registering a case, being Bawngkawn P.S. Case No. 508/05, dated 20.10.2005, under Sections 279/304A IPC, conducted inquest and carried the dead body to the hospital for post mortem examination. During the investigation, two heavy vehicles under Registration Nos. MZ-05/1371 and AS-01S/2543, were intercepted by police and suspecting the involvement of the said vehicles in connection with the death of the deceased, the drivers of the said vehicles were arrested at the places called Sairang and Khamrang. Police also seized some substance, suspected to be human tissue from the Mudguard of the Truck, bearing registration No. AS-01S/2543, and sent the same to the Forensic Science Laboratory, Mualpui, Aizawl, for examination. From the forensic examination report, it was confirmed that the said seized material was human tissue. Accordingly, police, finding a prima facie case under Section 279/304A IPC, against the drivers of the said two vehicles, forwarded them to the Court to stand trial.

4. The claimant being the daughter of the deceased, filed a claim case, seeking compensation from the owners of the said two offending Trucks and the Motor Bike. Claim was also made against M/S Oriental Insurance Co. Ltd., being the insurer of the said two Trucks and M/S United India Insurance Co. Ltd., which was the insurer of the said Pulsar Bike. According to the claimant, her deceased father, who was aged about 45 years, was working as Sr. T.O.A. in the Office of the General Manager, TELECOM, BSNL, Aizawl, and was drawing monthly salary of Rs.12,459/-at the time of his death in the said accident.

5. Though the owners and the drivers of the said offending vehicles did not contest the claim, the opposite party No. 4 i.e. the Appellant being the insurer of the said two Trucks, contested the claim, seeking permission under Section 170 of the M.V. Act and denied the involvement of the said two Trucks with the death of the deceased. On the other hand, M/S United Insurance Co. Ltd. i.e. the insurer of the Motor Bike, by filing written objection, contended that the owner of the said Pulsar Motor Bike did not pay additional premium to cover the accident benefit of the pillion rider and as such the answerin