B.P. Katakey, J

1. This appeal by the insurance company is directed against the judgment and award dated 8.10.2002 passed by the learned Presiding Officer, MACT, Aizawl in MACT Case No. 46 of 2000 awarding a sum of Rs. 3,74,000 with simple interest at the rate of 9% p.a from the date of filing of the claim petition till the date of realisation and directing the insurance company/appellant to satisfy the said award.

2. We have heard Mr. George Raju, learned Counsel for the appellant and also Mrs. Helen Dawngliani, leaned counsel for the respondent No. 1 claimant. Now appears on behalf of the respondent No. 2, owner of the vehicle, in spite of service of notice.

3. In the present case, the factum of accident, age, monthly income of the deceased and also the fact that the vehicle involved in the accident was a goods carrying vehicle, are not in disputer. There was no permission obtained by the insurance company under Section 170 of the Motor Vehicle's Act and hence the insurance company has not rightly challenge the quantum of compensation awarded by the learned tribunal. On a query made by this Court regarding whether any appeal has been filed by the owner (respondent No. 2) of