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. Following the accident, an FIR was submitted at Bawngkawn Police Station, wherein Bawngkawn P.S. Case No. 304/2015 dated 08.12.2015 under Sections 304-A/279/427 read with Section 185 of the Motor Vehicles Act, 1988 (MV Act) was registered. Following the registration of a Police case, an enquiry was made. After the conclusion of the enquiry, a charge sheet was submitted. The enquiry revealed that the cause of the accident was due to rash and negligent driving on the part of the driver of the truck. The deceased was a Hindi teacher working in Little Flowers School, Khawzawl and she was earning a monthly salary of Rs. 43,682/-. The accident vehicle was validly insured with the appellant.

3. As a result of the accident, the respondent Nos. 1 and 2 filed a claim application under Section 166 of the MV Act before the Motor Accident Claims Tribunal at Aizawl (the Tribunal). The claim was registered as MACT Case No. 1/2016 by the Tribunal and notice was issued to the opposite parties i.e., the owner of the accident vehicle, the driver and the insurer, who is the appellant herein. On receipt of the notice, the appellant appeared before the Tribunal but did not file written statement. As for the owner and the driver of the accident vehicle, who are arrayed as respondent Nos. 3 and 4 in the present appeal filed their written statement.

4. The learned Tribunal thereafter framed 3 (three) issues for adjudication, the same may be reproduced below for ready perusal:-

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

(ii) Whether there was fault on the part of the driver or owner of the accident vehicle?

(iii) Whether the claimant is entitled to get compensation, if so, who is liable to pay and to what extent?"

5. The respondent Nos. 1 and 2 as claimants examined two witnesses i.e., Sh. Isaac Lalrochama, who represented the two minor claimants and Sh. Jerry L.D. Poonte, a Sub-Inspector of Police. The appellant did not examine any witnesses. After the closure of evidence, the learned Tribunal passed the impugned Judgment & Award dated 14.11.2017 and awarded the claimants a sum of Rs. 63,55,804/-, alongwith interest @7% per annum from the date of filing the claim i.e., 20.01.2016, which was directed to be paid by the appellant within 1 (one) month from the date of the Judgment & Award. Being highly aggrieved with the Judgment & Award, the appellant is before this Court through the present appeal.

6. Appearing for the appellant, Mr. Roshan Subedi, the learned counsel submits that the learned Tribunal in relying upon the Last Pay Certificate produced and exhibited by the claimants calculated the amount of compensation to be awarded to the claimants. However, the contends of the Last Pay Certificate was not proved by the claimants by examining the