A.B. Pal, J.

1. The Judgment and award dated 1st June 2005 in MAC Case No. 143 of 2004 rendered by the Motor Accident Claims Tribunal, Aizwal stands impugned in this appeal by M/s New India Assurance Company Ltd. (for short the Insurer). By the said judgment an amount of Rs.4,80,000/-(Rupees four lacs eighty thousands) with interest at the rate of 9% per annum from the date of filing of the claim petition till the date of realization has been awarded making the insurer liable to pay the entire amount.

2. The material facts giving rise to the claim proceeding originates from a motor accident on 1lth July, 2004 claiming the life of one Teichhuma, aged about 34 years. The vehicle by which the deceased along with other passengers were travelling was a mini bus bearing registration No. MZ-06/0184 owned by one Lalramchangsanga, who himself was driving the vehicle. The owner met his end in the said accident. Some other passengers also died. The cause of the accident was later found to be sudden steering failure.

3. In the claim petition filed by the elder brother of Teichhuma, the owner of the said vehicle (though dead) was impleaded as Opposite Party No. 1 and the Insurer as Opposit