MASTER SACHIN Vs. URMILA CHAUHAN

JUDGEMENT

(1.) SUBJECT matter of this appeal is judgment and award, dated 29.02.2008, made by the Motor Accident Claims Tribunal (III), Shimla (for short "the Tribunal") in MACT No. 20 -S/2 of 2006/04, titled as Master Sachin and others versus Smt. Urmila Chauhan and others, whereby compensation to the tune of Rs. 7,00,000/ - with interest @ 7.5% per annum from the date of the petition till its realization came to be awarded in favour of the claimants (for short "the impugned award").

(2.) THE claimants became the victims of a vehicular accident, when their father, aged 38 years, died in a cruel accident, which was caused by the driver, namely Shri Veer Singh, while driving taxi, i.e. Maxi Cab, bearing registration No. HP -01 A -3004, rashly and negligently on 03.03.2003, near Kuthar, Tehsil Nerwa, constraining them to file claim petition before the Tribunal seeking compensation to the tune of Rs. 25,00,000/ -, as per the break -ups given in the claim petition, on the grounds taken therein.

(3.) THE driver, owner -insured and the insurer contested the claim petition on the grounds taken in the respective memo of objections. Following issues came to be framed by the Tribunal on 24.04.2006: