Suresh Kait, J. (Oral)

1. The present appeal is preferred against the impugned award dated 07.09.2012, whereby the learned Tribunal has granted compensation for a sum of Rs.12,24,744/- with interest at the rate of 9% per annum from the date of filing the claim petition till realization of the amount.

2. Brief facts of the case are that on 03.07.2009 at about 6.45 AM, a Bus bearing No. HP 68 0946 was going from Uttar Kashi towards Gangotari in which deceased Ajay Kumar alongwith his friends and several other passengers were travelling. All of a sudden, the bus fell down in the Bhagirathi River while passing through Gehrang at Bhatwadi Gangotari State Highway. In the said bus, there were 63 passengers. Out of which 31 persons were killed, 13 persons were injured and 19 persons were missing. Name of deceased Ajay was also in the list of missing persons.

3. Learned counsel appearing on behalf of the appellant/Insurance Company has argued that though there was no funeral ceremony, but the learned Tribunal has granted a sum of Rs.25,000/- as funeral expenses.

4. However, the deceased remained missing but in such eventuality, legal heirs of the deceased might have borne some expense