Songkhupchung Serto, J.

1. This is an appeal directed against the Judgment and Award dated 12.06.2017 passed by the Motor Accident Claims Tribunal, Aizawl in MACT Case No. 66/2015. Heard Mr. Lalfakawma, learned counsel appearing for the appellant i.e. New India Assurance Company Limited and Mr. Johny L. Tochhawng, learned counsel appearing for the respondent Nos. 2 to 5. None appears on behalf of the respondent No. 1.

2. Facts in brief:

On 24.02.2015 at around 9.20 pm, late Lalmalsawma, who was the son of the respondent Nos. 2 and 3, husband and father of the respondent Nos. 4 and 5, respectively was riding his motor cycle bearing registration No. MZ 01-J-6839 with a pillion rider, namely, late Lalrinawma. While riding the motor cycle at Vairengte, near Kawngthar Veng, they tried to overtake a Truck bearing Registration No. MZ-01-B- 9742, which was moving towards Aizawl, and all of a sudden, they fell down and the Truck ran over both of them and as a result, the pillion rider late Lalrinawma died at the spot and late Lalmalsawma died in the Hospital.

3. Since the deceased