P.S. Rana, J.

Decision:

Present appeal is filed under Section 173 of Motor Vehicles Act 1988 against the award dated 22.11.2014 passed by Motor Accident Claims Tribunal Chamba in MAC Petition No. 49 of 2014 title Shivali Devi and others Vs. New India Assurance Company Ltd and another.

Brief facts of the case:

2. Petitioners Shivali Devi and others filed petition under Section 163-A of Motor Vehicles Act 1988 pleaded therein that on dated 30.4.2012 at about 6 AM deceased namely Vijay Kumar was driving vehicle No. HP-46-0492 in a very careful and cautious manner and when vehicle reached at a place known as ‘Bharadi Mor Rajera’ all of a sudden mechanical defect developed in the vehicle and vehicle went off the road and fell down 100 meters below at the side of river ‘Ravi’. It is further pleaded that accident and death took place due to use of motor vehicle. It is further pleaded that the age of the deceased was 44 years at the time of death and occupation of deceased was driver. It is further pleaded that monthly income of deceased was 3300/- (Three thousand three hundred). It is further pleaded that Smt. Tripta Devi wife of Vijay Kumar resident of village and post office Dharw