Mansoor Ahmad Mir, J.

1. Subject matter of this appeal is the judgment and award dated 25.5.2009, made by the Motor Accident Claims Tribunal, Fast Track Court, Shimla, hereinafter referred to as "the Tribunal", for short, in M.A.C. No. 7-S/2 of 2007, titled Smt. Promila Sharma versus The New India Assurance Company Ltd. and others, whereby the claim petition filed by the claimant was dismissed, hereinafter referred to as "the impugned award", for short.

2. It appears that the claimant had invoked the jurisdiction of the Motor Accident Claims Tribunal, Shimla, for the grant of compensation to the tune of Rs. 40 lacs, as per the break-ups given in the claim petition, on account of death of her son, namely Pradeep Kumar. It is averred in the claim petition that on 28.7.2006, the deceased was traveling in Mahindra Pick Up No. HP-27-A-0885 owned by respondent No. 2 Sh. Jagdish Dutt Sharma, father of the deceased. Respondent No. 3 Sukh Dev was driving the said vehicle. The vehicle was loaded with grit belonging to the deceased to be supplied and delivered by him at Government Senior Secondary School Kanam. It is stated that when the vehicle reached at Hairpin bend on the Kanam-Sp