Deepa Sharma, J. (Oral)

1. Vide this appeal, the LRs of deceased Kashmir Singh has challenged the award dated 8th July, 2010 by which a compensation of a sum of Rs.28,26,784/- had been awarded. The notice of this appeal was issued to respondents No. 1 but he did not contest the present appeal. The respondent No. 2 had expired and his LRs were brought on record but none has appeared on their behalf. The appeal is contested only by respondent No. 3, the Insurance company.

2. The brief facts of the case are that on 9th May, 2007 at about 4 a.m., Sh. Kashmir Singh was riding as a pillion rider on a Motor Cycle No. DL4SZ6989 (Hero Honda) being driven by his colleague Sh. Subash Chand Sharma. At the time of accident, they were coming back from their office and when they reached near Akshardham Mandir, Pandav Nagar, Delhi, they stopped their Motorcycle at one side of the road. One truck bearing No. HR-38 B- 2344 driven by respondent No. 1 hit their vehicle from behind resulting into suffering fatal injuries. The said truck was being driven at a very high speed at that time.

3. There is no contest to the finding of the Tribunal that the accident had taken place due to rash and n