I.A. Ansari, J.

1. The claimant-respondent herein made an application under Section 163A of the Motor Vehicles Act, 1988 (in short, 'the M.V. Act') seeking compensation for the death of her husband, Lalruata, who, while driving an auto-rickshaw, on 9th October, 2003, was dashed against by a truck and died on the spot. This claim application gave rise to M.A.C. Case No. 122 of 2003.

2. As the owner of the said truck did not contest the claim proceedings, the insurer of the said truck, on being permitted in terms of Section 170 of the Motor Vehicles Act, contested the proceeding and took all such defences which were available to the owner of the said truck.

3. By the impugned award, dated 2nd August, 2004, passed in M.A.C. Case No. 122 of 2003 aforementioned, the learned Member, M.A.C.T., Aizawl, has granted, in all, Rs. 4,63,200 as compensation in favour of the claimant-respondent with interest @ Rs. 9% p.a. from the date of filing of the claim application until realisation of the entire awarded amount. Aggrieved by the award, so rendered, the insurer of the said truck has preferred the present appeal.

4. We have heard Mr. A.R. Malhotra, learned Counsel for the insurer-appellant