Michael Zothankhuma, J.

Heard Mr. Lalchhanliana Khiangte, learned counsel for the appellant. Also heard Mr. Rosangzuala Ralte, counsel for the respondent No. 1 i.e. the owner of the Alto Car No. MZ-01 K-9701.

2. The present appeal has been filed against the Judgment & Award dated 1.4.2016 passed by the learned MACT, Aizawl in MACT Case No. 25 of 2015, by which the claim of the appellant for compensation has been dismissed. The learned Tribunal has however, given liberty to the claimant to file a fresh claim against the Driver of offending vehicle, i.e. Alto Car No. MZ-01 K-9701.

3. The brief facts of the case is that on 12.1.2015, one Scooty bearing Registration No. MZ-01 K-3200 driven by the deceased Vanlalchhanchhuaha was hit from behind by one Alto Car bearing Registration No. MZ-01 K-9701. As a result of the accident, the rider of the Scooty i.e. Vanlalchhanchhuaha expired. However, the pinion rider did not suffer any serious injury from the accident.

4. The mother of the deceased thereafter, filed MACT Case No. 25 of 2015 claiming compensation for the death of her son and impleaded the present respondent No. 1 and the National Insurance Company Limited as party