JUDGMENT :

Mansoor Ahmad Mir, J.

This appeal is directed against the award, dated 8th August, 2008, passed by Motor Accident Claims Tribunal (III), Shimla, H.P., (hereinafter referred to as the Tribunal), in Claim Petition No.45-S/2 of 2006/05, titled Anita Devi and others v. Shishu Pal and others, whereby compensation to the tune of Rs.4.00 lacs, with interest at the rate of 7.5% per annum from the date of filing of the claim petition till its realization, was awarded in favour of the claimants (appellants herein) and the insurer was directed to satisfy the same, with right of recovery from the owner and the driver, (for short, the impugned award).

2. The claimants have filed the present appeal on the ground that the compensation awarded by the Tribunal is inadequate and the Tribunal has fallen in error in assessing the income of the deceased and loss of dependency to the claimants.

3. The claimants, in the Claim Petition, have specifically averred that the deceased, namely, Srikant, was the sole bread earner, was mason by profession and was earning Rs.7,000/- per month and was of 24 years of age at the time of accident. It was submitted that the Tribunal has fallen in error in taking