JUDGMENT :

Mansoor Ahmad Mir, Chief Justice (oral)

This appeal is directed against the award, dated 10th June, 2008, passed by the Motor Accident Claims Tribunal-III, Shimla, (for short, ?the Tribunal?) in MAC Petition No.69-S/2 of 2006/05, titled Kanso Devi and others vs. Laxman Singh and another, whereby a sum of Rs.4,00,000/- alongwith interest at the rate of 7.5% per annum came to be awarded as compensation in favour of the claimants and the insurer was saddled with the liability, (for short the ?impugned award?).

2. The insurer and the owner of the vehicle have not questioned the impugned award on any count. Thus, the same has attained finality so far it relates to them.

3. Only the claimants have questioned the impugned award on the ground of adequacy of compensation. Thus, the only question needs to be answered in this appeal is –

Whether the amount of compensation awarded by the Tribunal is inadequate.

4. To determine the above issue, it is necessary to have a flash back of the facts of the case, the womb of which has given birth to the instant appeal.

5. Facts, as pleaded, are that on 8th September, 2005, the deceased Rameshwer, driver of Tipper No.HP-26-0343, was unloading the s