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 the Claims Tribunal. On the basis of the pleading of the parties, the following two issues were framed :

(i) Whether the claim petition is maintainable in its present form and style?

(ii) Whether the claimant is entitled to any compensation and if so, who is liable to pay and to what extent?

The next friend of the minors was examined on behalf of the claimants and his testimony was not shaken at the time of cross-examination. At the time of cross-examination of the said witness of the claimants, there was also no denial from the side of the present appellant about the happening of the said motor accident while the deceased was travelling in the said Tata Sumo. None was examined on the side of the owner of the said vehicle as well as on behalf of the Insurance Company (the present appellant). On the basis of the materials, the Ld. Member, Motor Accident Claims Tribunal, Aizawl, held, vide the impugned judgment and Award, to the effect that the claimants would be entitled to get a compensation of Rs. 4,53,943/- (Rupees four lakhs fifty-three thousand nine hundred and forty-three) only with interest at the rate of 9% from the date of filing the claim petition till realization of the said amount from the Insurance Company (the present appellant). The Insurance Company (the present appellant) was directed to deposit the said amount of compensation in cash or by way of account payee demand draft or cheque in favour of the claimants to the Ld. Member, Motor Accident Claims Tribunal, Aizawl for disbursement to the claimants within one month from the date of the passing of the impugned judgment and award after deducting any interim award, if already satisfied.

3. One of the grounds submitted by the learned Counsel of the appellant is that the claim case was filed without impleading necessary parties and as such, it should not have been entertained. According to the learned Counsel of the appellant, the said accident took place while the said mother of the minor claimants was travelling in the said Tata Sumo vehicle bearing Registration No. AS-01-X-4906, as a result of dashing against the said Tata Sumo by a speeding Army Truck, and as such, the driver and the concerned owner of the speeding Army Truck are necessary parties in the said claim case. The learned Counsel of the appellant draws my attention to the certificate of the Superintendent of Police, Ri Bhoi District, Nongpoh, marked as Exhibit C-3, which states, inter alia, that as per finding in the inquiry, the said Tata Sumo was dashed by a speeding Army Truck which fled away towards Shillong after occurrence and the registration numbers of the said Army Truck could not be ascertained. The learned Counsel of the appellant submits that since the accident was caused as a result of dashing against the said Ta