C.R. Sarma, J.

1. This appeal, under Section 173 of the Motor Vehicles Act, 1988 (for short, the MV Act), is directed against the judgment and order, dated 11.05.2010, passed by the learned Member, Motor Accident Claims Tribunal, Tuensang, in MAC Case No. 1/2009, whereby the learned Member, dismissed the claim made by the appellants. The material facts, which have led to disposal of this appeal, may, in brief, be stated as follows:

The claimant No. 1's husband late Rikhum Yimchunger (hereinafter called 'the deceased'), who was the father of the appellant Nos. 2, 3, 4 and 5, was a driver of the 3rd Nagaland Armed Police (hereinafter called the 'NAP'), under the Police department of Nagaland. On 29.10.2008, he was asked to drive the unit vehicle No. NL-11-0677 (M/TATA), which was attached to C'Coy to Pungro and proceed towards Bn. Hqrs., Tuensang for bringing salary and ration. Accordingly, the deceased, along with other accompanying Police personnel, proceeded to Tuensang. The road, in a place, in between Seikur and Wathors village, was found to be unmotorable due to heavy mudslide. The deceased after stopping his vehicle, with the assistance of the accompanying Police personn