Mansoor Ahmad Mir, J.

Challenge in this appeal is to judgment and award, dated 29th August, 2009, made by the Motor Accident Claims Tribunal (II), Kangra at Dharamshala, H.P. (for short “the Tribunal”) in MACP No. 31J/2006 titled as Smt. Sharestha Devi and others versus Kishori Lal and others, whereby the claim petition filed by the appellants-claimants came to be dismissed (for short “the impugned award”).

2. In order to determine this appeal, it is necessary to give a brief resume of the case, the womb of which has given birth to the instant appeal.

3. The appellants-claimants invoked the jurisdiction of the Tribunal by the medium of the claim petition for grant of compensation to the tune of 10,00,000/-, as per the break ups given in the claim petition, on the ground that their sole bread earner, namely Parhlad, husband of appellant-claimant No. 1 and son of appellants-claimants No. 2 & 3, became victim of the accident arising out of use of the motor vehicle, i.e. truck, bearing registration No. HP-690747, on 15th September, 2005, at about 10.30 A.M. near 33 Miles, on Pathankot Manali National Highway.

4. It has been averred in the claim petition that when the deceased was