JUDGMENT :

Nelson Sailo, J.

1. Heard Mr. Roshan Subedi, the learned counsel for the appellant and also Mr. L.H. Lianhrima, the learned senior counsel assisted by Ms. H. Lalmalsawmi for the respondent Nos. 1 and 2. None appears for the respondent Nos. 3 and 4 despite notice.

2. For the sake of convenience, both the appeal as well as the interlocutory applications are taken up together for disposal. The mother of the respondent Nos. 1 and 2, Smt. Nuhliri Varte, aged about 47 years met with a motor vehicular accident on 04.12.2015. One 407 truck bearing registration No. MZ01-G-7443, which was proceeding towards Durtlang from Bawngkawn could not climb the steep hill and therefore, moved backwards. As a result, the truck hit the two wheelers which were behind it and the mother of the respondent Nos. 1 and 2, who was a pillion rider of one of the motor bikes bearing registration No. MZ01-D-2564 sustained injuries. She was then immediately evacuated to Durtlang hospital and was admitted to the Intensive Care Unit of the hospital. However, she succumbed to her injuries on 07.12.2015. Fo