1. Surya Narain Mehto @ Suraj Mandal was employed as a helper on tempo bearing registration No.HR-46B-4264 (the tempo) on 11.07.2010 when, due to its negligent driving by the seventh respondent, it met with an accident resulting in he suffering injuries that proved fatal. The tempo was registered on the relevant date in the name of the eighth respondent, it admittedly insured against third party risk with the appellant insurance company.

2. On the accident claim case (Suit No.574/2010) filed by the widow and other member of the family dependent on the deceased, they being first to sixth respondents (the claimants), the tribunal held inquiry and returned finding that a case for compensation on principle of fault liability was made out. The said finding has attained finality as it was not challenged. The tribunal awarded compensation calculating it thus:-

Sl. No.	Head	Amount in (Rs.)
1.	Medical expenses	76,723.74
2.	Loss of dependency	9,22,172.16
3.	Loss of love and affection	1,00,000/-
4.	Loss of consortium to petitioner no.