T. Vaiphei, J.

1. This miscellaneous appeal under Section 173, Motor Vehicles Act, 1988 ('the Act') is directed against the judgment dated 19.7.2004 passed by the Motor Accident Claim Tribunal, Shillong in M.A.C. No. 18 of 1999 awarding a compensation of Rs. 5,40,000 with interest at the rate of 6% per annum in favour of the claimant-respondent for the death of her sister due to a vehicular accident.

2. The facts leading to the filing of this appeal are that on 10.11.1998 at about 6.10 p.m., one local taxi bearing registration number ML-05-A-9688 was proceeding from Laitumkhrah to lewduh and on reaching near N.E.C. Secretariat, it collided with a truck bearing registration number AS-25-A-3479. As a result of the accident, three occupants of the taxi, namely, Md. Lamer Sohtun, the driver of the taxi, Smt. Lovely Passah and Shri Ferdinand Sohtun, co-passengers, were grievously injured. The said Lovely Passah died instantaneously on the spot. The surviving victims were then taken to Civil Hospital, Shillong for medical treatment. The claimant accordingly filed a claim petition before the Tribunal for compensation by impleading the owner and driver of the taxi, the insurer of the