JUDGMENT :

Meenakshi Madan Rai, J.

1. The Appellant, owner of the vehicle in accident, was ordered to pay compensation of Rs.10,26,000/- (Rupees ten lakhs, twenty six thousand) only, with interest @ 10% per annum to the Respondents 1, 2 and 3, on account of the death of the nine year old daughter of the Respondents No. 1 and 2 and sibling of the Respondent No.3, vide the impugned Judgment dated 31.8.2016, in MACT Case No. 23 of 2015, by the learned Motor Accidents Claims Tribunal, East District at Gangtok (for short “learned Tribunal”). The Insurance Company, Respondent No.4 was exonerated, hence, this Appeal.

2. The Respondents No.1, 2 and 3 herein, were the Claimants No. 1, 2 and 3 before the learned Tribunal. The Appellant was the Opposite Party No.1 and the Respondent No.4, the Opposite Party No.2.

3. Learned Counsel for the Appellant would advance the argument that the learned Tribunal erred in directing the Appellant instead of the Respondent No.4, to pay the compensation, on the ground that the vehicle at the time of accident was driven by an unlicensed and unauthorised pers