1. Heard Ms. M. Choudhury, learned counsel appearing for the appellant. Also heard Mr. P.K. Deka, learned counsel appearing for the respondents/claimants. This appeal filed under Section 173 of the Motor Vehicle (M.V.) Act, 1988 is directed against the judgement and award dated 13/02/2009 passed by the learned Member, Motor Accident Claim Tribunal, Hailakandi in connection with MAC Case No. 97/2006 whereby and whereunder the learned Tribunal had awarded a sum of Rs. 4,87,000/- to the claimant as compensation on account of death of the husband of the claimant No. 1 late Thorbal Singha.

2. The brief factual background of the case, emerging from the record, is that the husband of the claimant no. 1, viz. Thorbal Singha was employed as a Driver under the respondent No. 5, i.e. the owner of a truck bearing registration No. AS-25-C/9161. The said truck was used as a public carrier. When the truck was carrying the load of salt from Guwahati to Silchar, the driver of the vehicle i.e. the husband of the claimant No. 1 was apparently attacked by some unknown persons on the way while the truck was parked near a road side petrol pump at Umling on 16/09/2005. In the said incident, the driver Thorbal Singha sustained grievous injuries on his face and was strangulated to death. The incident could be detected only in the late hours on 16/09/2005, where after, the Police at the Nangpoh Police Station, Meghalaya, had registered a case under Section 302 of the IPC. Post-mortem examination was conducted on the dead body of Thorbal Singha, which had also confirmed that the death had occurred due to strangulation. It is the case of the claimants that the deceased Thorbal Singha was an experienced driver having more than 12 years of professional experience and on the date of the death he was earning a salary of Rs. 4,000/- per month besides a daily allowance of Rs. 100/- per day in connection with his employment under the respondent no. 5. On such basis, the claimants had lodged the claim partition under section 163A of the M.V. Act, 1988 praying for awarding compensation for an amount of Rs. 7,37,500/- on account of death of late Thorbal Singha.

3. The respondent No. 5 herein i.e. the owner of the vehicle was impleaded as OP No. 1 who did not appear before the learned Tribunal despite receipt of notice of the case as a result of which the matter proceeded ex-parte against the owner of the vehicle.

4. The appellant insurance company, impleaded as OP No 2 in the claim petition, had, however, appeared and contested the case both on facts as well as law points by filing a written statement. The claim of the claimants had been primarily resisted by the appellant on the ground that the incident that had allegedly taken place on 16/09/2005 leading to the death of the husband of the claimant No. 1 is not an accident involving the vehicle within the meaning of the M.V. Act, 1988. As such, no compensation was payable by the Insurer Company. The appellant had also denied that there was any valid insurance policy indemnifying the owner of the vehicle and therefore, the claimants were put to strictest proof in respect thereof.

5. During the course of trial, the claimants side had lead evidence bringing on record the Police report (Ext-1), death certificate issued by the hospital (Ext-2), post-mortem report (Ext-3), salary certificate issued by the owner (Ext-4) as well as insurance policy document besides all other relevant documents establishing the fact that there was a valid insurance policy which was covering the case of the claimant.

6. Upon examination of the materials available on record, the learned Tribunal had come to a conclusion that the claimants had succeeded in establishing that the deceased Thorbal Singha had died in an accident that had occurred on 16/09/2005 while he was driving the truck from Guwahati to Silchar. It was also established that the deceased Thorbal Singha was employed as a Driver under the respondent No. 5/O.P. No.1 earnin