Ranjan Gogoi, J.

1. This appeal, by the insurer, under Section 173 of Motor Vehicles Act, 1988 (hereinafter referred to as the Act) is directed against the judgment and award dated 15.11.2002, passed by the learned Member, Motor Accidents Claims Tribunal, Nagaland, Dimapur in MAC Case No. 117 of 1998. By the aforesaid award dated 15.11.2002, learned Tribunal has granted compensation to the extent of Rs. 2,22,000 in favour of the respondent-claimant on account of the death of her son in an incident which has been found by the learned Tribunal to have arisen out of the use of a motor vehicle (autorickshaw) bearing registration No. NL 01-T 2217.

2. To appreciate the challenge made, the cases brought by the respective parties before the learned Tribunal may briefly be noticed at this stage.

Respondent No. 1, claimant, is mother of one Kughavi who, it is claimed, was traveling in an autorickshaw bearing registration No. NL 01-T 2217 on 11.10.1997 as a bona fide passenger. According to the claimant-respondent, on the said date, when the autorickshaw was passing through Eros Line, some unidentified persons tried to stop the vehicle, but the driver of the vehicle instead of stopping h