Majbam B.K. Singh, J.

1. Heard Mr. M. Guite, learned Counsel appearing on behalf of the appellant and Mrs. Helen, Dawngliani, learned Counsel appearing on behalf of the respondents.

2. This appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 challenging the impugned judgment and Award dated 17.8.2009 passed by the Ld. Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl in MAC Case No. 44 of 2007. The said MAC Case No. 44 of 2007 was filed by the present respondent Nos. 1 to 3, who are minors, through their next friend against the present respondent No. 4 and the present appellant claiming for payment of compensation on structured formula basis under Section 163A of the Motor Vehicles Act, 1988 in respect of death of their mother on 3.7.2006 as a result of injuries which she had sustained in a motor accident on 21.6.2006 at Quinine (NH-40)while travelling in a Tata Sumo vehicle bearing registration No. AS-01-X-4906 belonging to the present respondent No. 4. The present appellant, who was the insurer of the said owner in respect of the said Tata Sumo at the relevant time, contested the claim petition after taking the necessary permission from