JUDGMENT :

1. Heard Mr. M. Kato, learned counsel for the appellant and also heard Mr. K. Loya, learned counsel for the respondent.

2. This appeal, under Section 173 of the Motor Vehicle Act, 1988 is directed against the judgment and order dated 21.08.2018, passed by the learned Member, MACT, Yupia, in connection with MACT Case No. 21/2016 (YPA). It is to be noted here that vide impugned judgment and order, the learned Court below has directed the appellant to pay a sum of Rs. 4,62,840/- (Rupees Four Lacs Sixty Two Thousand Eight Hundred Fourty only) inclusive of No Fault Liability with interest @ 9% p.a. from the date of filing till payment.

3. The factual background leading to filing of the present appeal is briefly stated as under:-

“On 11.04.2013 at around 9.30 am, the respondent Shri Lishi Talo along with his father Lishi Sera were proceeding towards Hapoli to attend some domestic work by his motor cycle bearing Registration No. Nil. While they were proceeding towards Talo village, suddenly one truck bearing Registration No. 06E/7065 came from the opposite direction in a very high speed and hit the motor cycle, resulting death of Lishi Sera on the spot. The deceased Lishi Sera, left behind his wife, 6 children and his ailing parents. The death was caused due to rash and negligent driving on the part of the truck, belonging to the Officer Commanding 1448 BCC (GREF), C/o 99 APO and after the incident, the driver fled away from the spot with truck and surrendered at the Ziro Police Station. Thereafter, the respondent-Lishi Talo, filed the appeal before the learned Member, MACT, Yupia claiming compensation on account of his deceased father, who was working as casual labourer under Palin Sub-Division, PWD and was drawing monthly salary of Rs. 6500/-(Rupees Six thousand Five Hundred) and at that time he was 45 years of age. Upon the said appeal, MACT Case No. 21/2016 (YPA) was registered and notice was issued to the opposite party and accordingly, the opposite party No. 1/appellant No. 1 herein- Officer Commanding 1448 BCC (GREF), C/o 99 APO, appeared and contested the petition. Thereafter, hearing both the sides, the learned Court below has directed the respondent No. 1 to pay a sum of Rs. 4, 62, 840/- with interest @ 9% p.a. from the date of filing the claim petition i.e., 29.07.2015 till final payment made by the opposite party No. 1”.

4. Being aggrieved, the appellants preferred this appeal against the said judgment and award dated 21.08.2018, on the grounds that:-

I. The accident took place due to over speeding of the bike of the deceased.

II. The deceased rode the bike without helmet at that point of time.

III. The motor cycle driven by the deceased was not registered.

IV. There was no fault on the part of the driver of the Truck.

V. That the learned Court below has mistakenly awarded a sum of Rs. 1,00,000/- (Rs. One lakh), under the head of love and affection;

VI. The learned Member MACT, had failed to consider the monthly income of the deceased, and therefore, it is contended to set aside the impugned judgment and award.

5. Mr. M. Kato, learned counsel for the appellants, submits that the learned Member, MACT has mistakenly awarded the compensation to the respondent/claimant, as the deceased was driving the bike in over speed and the bike was not registered and there was no fault on the part of the driver of the Truck and that the learned Court below has awarded a sum of Rs. 1,00,000/- under the head of love and affection, but the same has not been provided in the judgment of the Constitutional Bench of Hon’ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Pranay Sethi & Ors., reported in (2017) 16 SCC 680. Mr. Kato further submits that the learned Court below also failed to consider the monthly income of the deceased at the time of the accident, and therefore, it is contended to set aside the impugned award.

6. On