JUDGMENT :

Chander Bhusan Barowalia, J.

The instant appeal, under Section 173 of the Motor Vehicles Act, 1988, is maintained by the appellant/respondent No.3/Insurance Company (hereinafter referred to as ‘Insurance Company’) for quashing and setting aside the impugned award, dated 4.8.2015, passed by the learned Motor Accident Claims Tribunal, Mandi, District Mandi, in Claim Petition No.76 of 2013 and to allow the claim petition.

2. The factual matrix of the present case, briefly stated, are as under :

the deceased Murari Lal alias Mohan Lal, was working as labourer-cum-Munshi, with respondent No.1 and was deployed with Tipper bearing registration No.HP-49A-0751. He was supervising the work of carriage, loading and unloading of the articles and also to handle proper account. On 19.11.2011, the deceased was looking after the work of carriage, loading-unloading of muck being carried in the tipper for its disposal in Tirthan Khad near Khundan Bridge. Around 10:00 p.m., the tipper was reversed back by the driver rashly and negligently in a high speed. The driver tried to unload the muck in Tirthan Khad, by pulling the jacks rashly and negligently and could not control the vehicle, as a res