Nelson Sailo, J.

1. Heard Mr. Lalfakawma, the learned counsel for the appellant as well as Mrs. Linda L. Fambawl, the learned Government Advocate appearing for all the respondents.

2. This is an appeal against the Judgment & Order dated 10.03.2017, passed by the learned Presiding Officer, MACT, Aizawl in MACT Case No. 6/2014. Before adverting to the grounds taken by the appellant, the brief facts for disposing the appeal may be noticed at the outset.

3. The case of the claimant/appellant is that on 23.05.2008 at 5:00 p.m., one fire tending vehicle bearing registration No. MZ-01D/6660 belonging to the Home Department, Government of Mizoram, driven by Sh. Lalawmpuia Hnamte, a fireman posted at Champhai ran over Smt. Lalzarmawii, D/o C. Zaliana (L) at Champhai Venglai in Champhai. As a result, Smt. Lalzarmawii expired on the spot. In view of her death, claim petition under Section 166 of the Motor Vehicles Act, 1988 (MV Act) came to be filed by the appellant, who is the brother of the deceased, against the respondents including the driver of the accident vehicle. The claim however, was dismissed vide Judgment & Order dated 22.09.2015, on the ground that the appellant failed to prove that he was dependent upon the deceased and that the income of the deceased was also not proved.

4. Aggrieved with the dismissal of the claim, the appellant preferred MAC Appeal No. 14/2015 before this Court, which was thereafter, disposed of vide Judgment & Order dated 18.11.2016 by remanding the matter back to the learned Tribunal for fresh consideration on the claim and entitlement of the appellant under the MV Act, on the basis of the evidence already recorded by the learned Tribunal. On remand, the learned Tribunal after reconsidering the claim made by the appellant, as directed vide the impugned Judgment & Award dated 10.03.2017 disposed of the claim by awarding a sum of Rs. 7,18,000/- to the appellant alongwith interest @ 9% per annum from the date of filing of the claim i.e. 17.02.2014. The appellant however, not being satisfied with the awarded sum is before this Court through the present appeal seeking enhancement of the award.

5. Mr. Lalfakawma, the learned counsel appearing for the appellant submits that the deceased initially was working as a substitute Hindi Teacher in a middle school but on account of hardship in the family, she left the job and thereafter, pursued her own business by selling shoes and other materials. In support of the monthly income of the deceased, the appellant submitted a certificate issued by the concerned Village Council President whereby, it was certified that the deceased was earning not less than Rs. 10,000/- per month from her own private business. It was also mentioned that the said amount of Rs. 10,000/- was exclusive of her own personal expenditure. He however, submits that the Village Council President who issued the said income certificate unfortunately was not examined by the claimant before the Tribunal but the fact that the deceased engaged herself in her own private business and was earning for the family while residing with her family comprising of her mother as well as the appellant was not disputed by the respondents.

6. It was only the competency of the Village Council President to issue the income certificate of the deceased that was objected to by the respondents, as defendants in the claim before the Tribunal. In such circumstance, the learned Tribunal ought to have awarded a reasonable amount of compensation by calculating the monthly income of the deceased to an amount higher than the notional income of Rs. 3000/- as was adopted.

7. The learned counsel further submits that since the deceased was engaged in her own personal business, it was not possible on the part of the appellant to have produced documentary evidence in support of the claim other than the income certificate issued