JUDGMENT :

Heard Mr. C. Tlanthianghlima, learned counsel for the appellant and Mr. Lalfakawma, learned counsel for the respondent No. 3. None appears for the respondent No. 1. As for the respondent No. 2, his name was struck off as he was the driver of the accident vehicle, who died in the accident. By filing this appeal under Section 173 of the Motor Vehicles Act, 1988 (M.V. Act), the appellant who was also the claimant before the Tribunal has challenged the Judgment & Award dated 12.10.2020 passed by the learned Tribunal in MACT Case No. 66/2017, dismissing the claim of the appellant for compensation under Section 166 of the MV Act.

[2.] Brief facts of the case is that on 28.10.2015 at 11 P.M, a Bolero Pick-Up bearing registration No. MZ 03-5166 owned by the respondent No. 1 and driven by the respondent No. 2 met with an accident between Kawlchaw to Serkawr village. There were two (2) occupants in the vehicle i.e., the respondent No. 2 the driver and Sh. H. Khochhua, who is the paternal uncle of the instant appellant and because of the accident, they both died on the spot. The vehicle had rolled down from the main road into the gorge which was about 300 meters below the road. Accor