T.NK. Singh, J.

1. This appeal, for enhancement of the award, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award dated 17.3.2007 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Khowai in T.S.(MAC) No. 23 of 2006.

2. Heard Mr. S. Talapatra, learned senior advocate, assisted by Mr. D. Bhattacharjee, learned Counsel appearing for the appellants as well as Mr. P. Goutam, learned Counsel appearing for the respondent No. 2. The New India Assurance Co. Ltd. The service of notice to the respondent No. 1 by registered post with A.D. shall be deemed to have been effected properly under Order V, Rule 9 of the Code of Civil Procedure, inasmuch as, neither the AD Card nor the registered post returned unserved even after lapse of many months from the date of taking steps for service of notice to the respondent No. 1 by registered post with AD. None appears for the respondent No. 1 without showing any cause.

3. The concise facts, sans unnecessary details, leading to the filing of T.S.(MAC) No. 23 of 2006 are noted for decision of the present appeal:

The appellants-claimants are the wife, children and mother of the deceased Dilip Debbarma, who was serving as Deputy Inspector of Schools in the Government of Tripura and he (Late Dilip Debbarma) was aged about 42 years at the time of his death in a vehicular accident on 4.10.2006. On that very day, i.e., on 4.10.2006, while Lt. Dilip Debbarma was coming from the side of Teliamura to his house at Mograi Sadhu Para, Jirania in a motor cycle and reached near the Lake Point on 44, National Highway at Baramura, the offending vehicle, i.e., Tata Truck bearing registration No. AS-01-K-8076 dashed him from the back side at a high speed due to negligent driving of the offending vehicle. As a result of the said vehicular accident, the deceased Dilip Debbarma sustained head injury and other injuries and died on the spot. Then and there, one Sri. Sishir Debnath, a TSR Jawan (Habildar), who was on duty at Lake Point, Baramura, lodged an ejahar for the said vehicular accident to the Teliamura Police Station and, accordingly, Teliamura P.S. Case No. 62/2006 dated 4.10.2006 was registered under Section 279/304A of IPC. Thereafter, the deceased Dilip Debbarma was taken to the Teliamura Hospital, where he was declared brought dead. After performing the post mortem examination of the dead body of Dilip Debbarma, his dead body was handed over to the appellants-claimants.

4. After investigation, police submitted the charge sheet against the driver of the offending vehicle in the court of the SDJM, Khowai, West Tripura. The present respondent No. 2. The New India Assurance Co. Ltd. is the insurer of the offending vehicle bearing registration No. AS-01-K-8076 vide policy No. 530706/31/06/01/00000209. As per the School Certificate, the date of birth of the deceased Dilip Debbarma was 14.11.1964 and as such, at the time of his death, the deceased Dilip Debbarma was aged 42 years. The total salary, i.e., monthly emolument of the deceased Dilip Debbarma who was working as Deputy Inspector of Schools in the Government of Tripura for the September 2006 was, Rs.12,487 and the total deduction from the said total emolument was Rs.4,809. As such, after deduction of the said amount, i.e., Rs.4,809, the net monthly emolument of the deceased Dilip Debbarma was Rs.7,678, which was also certified by the Head of Office and D.D.O., Education Inspectorate Harepkuwer, Khowai, Tripura, TTAADC.

5. The appellants-claimants filed T.S.(MAC) No. 23 of 2006 before the learned Member, Motor Accident Claims Tribunal, Khowai, West Tripura against the present respondents, i.e., the respondent No. 1 - Owner of the offending vehicle and the respondent No. 2 - Insurer of the offending vehicle, claiming compensation for the death of Dilip Debbarma in the said vehicular accident at the tune of Rs.30,77,584. In the claim petition, it was categorically pleaded that at the time of d