NELSON SAILO, J.

1. Heard Mr. L.H. Lianhrima, learned senior counsel assisted by Ms. Ruth Lalruatfeli for the appellant. Also heard Mr. Lalfakawma, learned counsel for the respondent No. 2. None appears for the respondent No. 1 despite notice.

2. The appellant who was the claimant before the Motor Accident Claims Tribunal, Aizawl (The Tribunal) has preferred the instant appeal against the Judgment and Award dated 28.06.2018 passed by the Tribunal in MACT Case No. 28/2017 on being not satisfied with the amount of compensation awarded to him by the learned Tribunal.

3. Brief facts of the case is that the wife of the appellant i.e. Smt. Zorampari died in a road traffic accident on 15.10.2016 at Maubuang Village. She was hit by one car bearing Registration No. MZ01-M-8604 driven by its owner i.e. Sh. F. Lalremruata (respondent No. 1). Besides the wife of the appellant, the accident vehicle injured 3 others persons. All of the injured persons including the wife of the appellant were evacuated to the Referral Hospital at Falkawn but Smt. Zorampari succumbed to her injury on the way to the Hospital. Consequently, the appellant filed a claim for compensation before the learned Tribunal on 19.5.2017 under Section 166 of the Motor Vehicles Act, 1988 (MV Act) against the owner of the vehicle and the Insurance Company i.e. respondent Nos. 1 and 2 respectively in this appeal for payment of adequate compensation for the death of his wife in the motor accident.

4. The learned Tribunal as a result registered MACT Case No. 28/2017 and issued notice to the respondents who were arrayed as opposite parties before the Tribunal. Since the vehicle was validly insured with the respondent No. 2, the respondent No. 1 did not contest the claim. The respondent No. 2 filed written statement denying its liability to pay any compensation to the appellant. The appellant in order to establish his case examined three witnesses including himself. The Tribunal framed three issues for deciding the case. After the witnesses were examined, the Tribunal decided all the issues in favour of the appellant and awarded the appellant a sum of Rs. 3,86,000/- alongwith 7% interest per annum from the date of filing of the claim i.e. 19.05.2017 to be paid by the respondent No. 2 within a period of one month from the date of judgment and award.

5. Mr. L.H. Lianhrima, learned senior counsel for the appellant by referring to paragraph No. 11 of the impugned Judgment and Award submits that although the claimant witness No. 2 deposed that the deceased was a vegetables seller like herself and therefore was earning a sum of Rs. 20,000/- to 30,000/- per month, the learned Tribunal however came to the conclusion that as no register for maintaining accounts nor any document in support of the income of the deceased was produced, the learned Tribunal proceeded to award compensation to the appellant by taking Rs. 3000/- as the notional income of the deceased in a month. The conclusion of the learned Tribunal according to the learned senior counsel in the light of the evidence of the claimant witness Nos. 1 and 2 cannot be accepted. By referring to the evidence of the claimant witness No. 1, Mr. L.H. Lianhrima submits that the appellant and his deceased wife were married in the year 1971 as per the customary practice and out of their wedlock, they had six children, comprising of three daughters and three sons. According to the appellant, all his daughters have been married and they live separately. One of his son expired in the year 1984 while another one is married and maintains a separate family. It is only his second youngest son, who is living with him till date. The appellant and his son were totally dependent upon the deceased who was doing business in buying and selling of vegetables in their village i.e. Maubuang village and in Aizawl. According to the appellant, his wif