Wangdi, J.

1. This is an appeal filed by the Appellants, Branch Manager, Oriental Insurance Company Ltd., u/s 173 of Motor Vehicles Act, 1988, assailing the judgment passed by the Member, Motor Accidents Claims Tribunal, East & North Sikkim at Gangtok in M.A.C.T. Case No. 17 of 2006 dated 19.12.2008 by which the claimants were awarded Rs. 23,16,700 as compensation for the death of the deceased in a motor vehicle accident.

2. The brief facts of the case are that the claimant No. 1, M.K. Subba and his wife the deceased Rajani Tamang and their children, who are the claimant Nos. 2 and 3 herein, had travelled together with the family of the deceased Buddha Tamang (Moktan) consisting of his wife deceased late Hem Kumari Lama (Moktan) and the daughter-in-law Shrijana Pradhan to Delhi where they reached on 30.12.2005. On reaching Delhi, the deceased Buddha Tam-75 [Accidents Claims Journal, July 2011]-ang (Moktan) requested his acquaintance Daya Chand and his wife Kanta for the use of their private vehicle (Toyota Qualis) bearing registration No. DL 3C-S 3965 on 31.12.2005 at Delhi and on to Jaipur on 1.1.2006. The said vehicle was registered in the name of Kanta, wife of the said