M.R. Pathak, J.

Heard Mr. Lalfakawma for the appellant, Mr. Ashok Kumar Rokhum, learned Additional Advocate General, Mizoram for the respondent Nos. 1 and 2 and Mr. Lalchhanliana Khiangte, learned counsel for the respondent No. 3.

2. Being aggrieved with the Judgment and Award dated 22.09.2015 passed by learned Member-cum-Presiding Officer, Motor Accident Claims Tribunal, Aizawl, Mizoram in MACT Case No. 6/2014 wherein the Tribunal dismissed the claim petition that was preferred by the present appellant as claimant, has filed this appeal under Section 173 of the Motor Vehicle Act, 1988 challenging the same.

3. The Tribunal came to a finding that the claimant is the brother of the deceased and there is no evidence to show that the claimant depends upon the deceased and there is no any dependency and further the income of the deceased was not proved.

4. It is to be stated herein that on 23.05.2008 around 05:00 p.m. the sister of the claimant/appellant died in a motor vehicular accident when she was dashed by a Fire Tender bearing Registration No. MZ-01-D-6660 belonging to the respondent No. 2 and was driven by the respondent No. 3.

5. After recording of the evidence of