S.P. Wangdi, J.

1. By filing the present appeal, the Appellant Insurance Company seeks to assail the award dated 15.09.2010, passed by the learned Motor Accident Claims Tribunal, South and West Sikkim at Namchi, in MACT Case No. 03 of 2009, by which the claimants/Respondents have been awarded compensation of Rs.41,66,660.00 (Rupees forth one lakhs sixty six thousand six hundred and sixty) only, with interest @ 10% per annum from the date of filing of the claim petition.

2. The grounds pressed on behalf of the Appellant at the time of hearing are the following :

(i) That the ill-fated vehicle which met with the accident was carrying commercial materials when the vehicle was insured as a passenger vehicle, and therefore, the insured having violated one of the principle conditions of the policy, the award was not permissible.

(ii) That one of the claims allowed being the agriculture income based on the certificate of income issued by the Block Development Officer (in short BDO) Exbt. 16 is erroneous as the competence of the BDO to issue such certificate has not been established.

(iii) That the learned Tribunal awarding compensation against love and affection, pain and suffering dese