JUDGMENT :

S. Hukato Swu, J.

1. This is an appeal under Section 173 of the Motor Vehicle Act, 1988 preferred against the judgment and order dated 24.01.2019, passed by the learned Member, MACT, Dimapur, Nagaland (the Tribunal) in MAC Case No. 115/2013 awarding a compensation of Rs. 12,94,501/- against the accidental death of Bimol Singh Terang, who was allegedly knocked down by the offending vehicle bearing Registration No. AS-09/A-0721 (608 Bus), on 23.01.2013. It is claimed that the deceased was a pedestrian knocked down by the offending vehicle. The appellant insurer company, who is the United India Insurance Company Limited, represented by its Branch Manager, Dimapur, Nagaland has challenged the award basically on the ground that:

(1) The learned Member MACT, Dimapur has not marshalled the evidences brought before the Tribunal while passing the award. It is the plea of the appellant that the company's investigator had investigated the case and it was ascertained that the deceased was not a pedestrian who was knocked down by the offending bus. Rather the victim was a passenge