The main legal point established in the judgment is the necessity of appropriate pleading and evidence to establish liability, emphasizing the importance of framing appropriate issues and considering the policy terms and conditions.

1. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 against the Judgment & Award dated 21.06.2017 passed by the learned Member-cum-Presiding Officer of the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 29/2016.

2. Heard Ms. Vanhmingliani, learned counsel appearing on behalf of the appellant Insurance Company. Also heard Mr. Lalchhanliana Khiangte, learned counsel appearing on behalf of the respondent Nos. 1 to 6.

So far as the respondent No. 7 is concerned, vide Order dated 23.01.2018, this Court has presumed service on the respondent No. 7 as deemed served under Order 5 Rule 9 of the CPC.

3. The present appeal is taken for hearing.

4. The predecessor-in-interest of the respondent Nos. 1 to 6 died in a vehicular accident which took place on 10.03.2014. One vehicle Truck (407) bearing registration No. MZ 03-4096, owned by the respondent No. 7 was coming from Tuipang village towards Siatlai village and met with an accident on the outskirt of Tuipang near Tourist Lodge by running down a cliff. The driver and the handyman succumbed to their injuries on the spot and the predecessor-in-interest of the present respondent Nos. 1 to 6 was injured severely and later on died in the Civil Hospital, Siaha. In this regard, Tuipang P.S Case No. 1/2014 dated 11.03.2014 was registered under Section 204A/338/337/336/279 IPC read with 182 (1) 196 M.V Act 1988 and investigated into. The predecessor-in-interest of the respondent Nos. 1 to 6, one S. Setha was a self employed person with an income of Rs. 3,300/- p.m. The truck involved in the accident was validly insured with present appellant with a valid policy covering the period from 23.08.2013 to 22.08.2014.

The respondent No. 7 who was impleaded as opposite party No. 1 filed his written statement, admitted the death of the predecessor-in-interest of the respondent Nos. 1 to 6 and in addition to that he pleaded that the vehicle was duly insured with the appellant, National Insurance Company Limited and as such, all the liability to pay compensation, if any, are to be shifted to the said Insurance Company.

5. The present appellant as opposite party No. 2 in MACT Case No. 29/2016 contested the claim of the respondent Nos. 1 to 6 by filing its written statement denying each and every contents of the claim petition of the respondent Nos. 1 to 6. The Insurance Company pleaded that it has no liability towards payment of compensation and the claimants/respondent Nos. 1 to 6 were put to strict proof against their claim made in the claim petition. Disputing the claimants/respondent Nos. 1 to 6 as not the legal heirs of the deceased S. Setae, the appellant Insurance Company pleaded that any liability, if any, is limited to the scope of the Insurance Company and the validity of the vehicular documents, including Driving License which the driver possessed at the time of driving the vehicle.

6. On the basis of the pleadings, the learned Member-cum-Presiding Officer of the Tribunal framed the following issues:

(i) Whether the claim application is maintainable in its present form and style?

(ii) Whether the Claimant is entitled to get compensation, if so, who is liable to pay and to what extent?

7. During the proceeding, the respondent No. 1 deposed as the only witness on behalf of the claimants/respondents. The Insurance Company except filing the written statement and the cross-examination of the witness of the claimants side did not adduce any evidence nor produced the policy. The learned Tribunal vide the Judgment and Award dated 21.06.2017, passed in MACT Case No. 29/2016 allowed the claim of the respondent Nos. 1 to 6 thereby, awarding the total compensation of Rs. 12,76,500/- only. Without discussing further with regard to the liability for satisfying the award, the learned Tribunal held the present appellant to be liable to satisfy the award, which is reproduced below:

"12. As such the O.P. No. 2 National Insurance Co. Ltd. is directed to deposit Rs. 12,76,500/- (Rup