S. Serto, J.

1. This is an appeal under Section 173 of Motor Vehicles Act, 1988 directed against the judgment and award dated 25.10.2012, passed by the MACT, Mokokchung in MAC Case No. 25/2008.

2. The facts and circumstances of the case briefly stated are that on 09.11.2007, the husband of the respondent No. 1, and father of the respondent No. 2,3 & 4, namely, Lt. Mr. R. Panger Longkumer, Deputy Director under the department of Agriculture, Government of Nagaland then, was travelling on the Maruti Van bearing Registration No. NL-10/5445, allotted to him for official duty, driven by the driver of the same from Changki to Dimapur. And while travelling thus, the vehicle met an accident at about 5:00 p.m. of the same day at a place located at about 1 Km from Changki Village junction. Due to the injuries suffered in the accident late R. Panger Longkumer died at the spot while the driver and two other passengers suffered serious injuries. Soon after the accident he was taken to Community Health Centre. Mokonglemba. The Traffic Control, Mokokchung made a GD. entry being No. 79/2007, dated 10.11.2007 and also prepared a report in which all the details of the vehicle and brief facts about the accident was recorded. For the lost of their love one in the accident, the respondents filed a claim case under Section 166 of the Motor Vehicles Act, 1988 before the MACT, Mokokchung. The same was registered as MAC Case No. 25/ 2015. The appellants who were arrayed as the respondents in the MAC Case filed a written statement contesting the claims of the respondents/claimants. The Tribunal, after hearing the parties, framed the following issues;-

1. Whether the vehicle bearing R/No. NL-10/5445 M/V was involved in the accident that occurred on 09.11.07 due to rash and negligent driving, and whether from the said accident the named deceased in MAC 25/08 case died or not, and the injured claimants in MAC 23 & 24/08 sustained grievous injuries and become permanently disable or not?

2. Whether the vehicle No. NL-10/ 5445 was used on 09.11.07 with proper authority of the respondents while the alleged accident took place?

3. Whether the deceased late Panger was using the vehicle No. NL-10/5445 on bona fide official duty when the alleged accident took place on 09.11.07 which was a general holiday (Diwali)?

4. Whether the violation of order, notification and guidelines issued by the Govt, for use of Govt, vehicles by claimants/respondents shall escape liability ?

5. Whether the respondents are liable for any act committed by its servant when the servant was out of the course of its employment?

6. What was the cause of the alleged accident of vehicle No. NL-10/5445 on 09.11.07?

7. Whether the claimants are entitled to any compensation? If so, what amount and payable by whom?

3. Both the respondents/claimants and the appellants/respondents produced and examined only 1 (one) witness each in support of their respective case. The Tribunal, after hearing the parties and considering the evidence given by them and the law applicable, passed the impugned judgment and award. The operative portion of the judgment and award are as follows;-

Issue No. 7 :- Whether the claimants are entitled to any compensation? If so, what amount and payable by whom?

All the issues are settled affirmative in favour of the claimants and I held the claimants are entitled to the following compensation.

The deceased died at the age of 56 years and used to draw monthly salary of Rs. 23,348/-. The relevant multiplier is 8. Hence, the following award.

1	Rs. 23,348/-x 12x8 Less % as there are 4 dependence	Rs. 22,41,408/- = Rs. 5.60.352/-Rs. 16,81,056/-
2	For loss of estate	Rs. 20,000/-
3	For loss of Consortium	Rs. 20,000/-
4	For funeral and others	Rs. 10,000/-
5	For future p