H. Baruah, J.

1. Heard Mr. M. Guite, Learned Counsel for the appellant as well as Mr. S. Pradhan, Learned Counsel for the respondent No. 1.

2. This instant appeal is preferred against the judgment and award dated 19.9.2008 passed by the learned Member, MACT, Aizawl in MAC Case No. 30 of 2006 whereby and whereunder an award amounting to Rs. 7,72,547.00 was awarded with simple interest at the rate of 9% per annum from the date of filing of the claim petition till realization from the Opposite Party No. 2, the appellant herein.

3. Being aggrieved thereby the appellant, New India Assurance Co. Ltd., Aizawl Branch has challenged the legality and correctness of the judgment and award impugned.

4. Brief facts are as follows:

In the morning of 30.3.2005 at about 9 am at Tuirial Airfield approach road, Mizoram one Lalchhandami met with an accident and suffered head injury in particular which caused Dementia with Psychosis. She suffered 80% disability due to the accident. It is alleged that one 407 Truck bearing Registration No. MZ-1-C/4052 belonging to the Opposite Party No. 1, respondent No. 2 herein caused the accident. The accident vehicle was validly insured with the appellant, New I