JUDGMENT :

Heard Mr. G. Kato, learned counsel for the appellant. Also heard Mr. H. Lampu, learned counsel for the respondent/claimant.

2. This appeal under Section 173 of Motor Vehicle Act, 1988, has been preferred by the appellant, namely, M/s HDFC, ERGO Gen. Ins Co. Ltd, impugning the judgment and award dated 29.06.2023, passed by the learned Member Motor Accidents Claims Tribunal, Lower Subansiri District, Arunachal Pradesh in MACT Case (Z) No. 05/2021, whereby, an award of Rs. 23,04,390/-(Rupees Twenty-three lakhs four thousand three hundred and ninety) was awarded in favour of respondent/claimant

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:

(i) That one Hage Talle, who was the original claimant, had filed a claim application under Section 166 of Motor Vehicles Act, 1988, before the learned Member Motor Accidents Claims Tribunal, Lower Subansiri District, Ziro, claiming compensation on account of death of his brother Hage Tagia, on 18.08.2013, in a vehicular accident which happened at Bhalukpong.

(ii) It was averred in the claim petition, by the claimant, that on the day of the incident, at about 5:30 AM, the deceased Hage Tagia was riding