JUDGMENT :

Mansoor Ahmad Mir, J.

1. This appeal is directed against the judgment and award dated 28.11.2008, made by the Motor Accident Claims Tribunal-I Sirmaur Disstrict at Nahan, H.P. in MAC Petition No. 125-MAC/2 of 2005, titled Rajesh Sharma v. Ashwani Infrastructure Pvt Ltd and others, for short "the Tribunal" whereby compensation to the tune of Rs.11,35,000/- along with interest @ 7.5% per annum was awarded in favour of the claimant, hereinafter referred to as "the impugned award" for short.

2. The claimant Rajesh Sharma, being the victim of a vehicular accident, which was caused by respondent No.2-driver, namely, Sharad Kanshi Nath, while driving Truck/Dumper No. MH-12/F-8396 on 26.9.2005 at about 6 P.M. at a place known as Ganesh Vision, Akurdi, Pune due to which deceased, i.e., wife of the claimant sustained the injuries and succumbed to the same. The claimant had filed the claim petition, on the grounds taken in the claim petition.

3. The claim petition was resisted and contested by the respondents and following issues came to be framed by the Tribunal:

(i) Whether Smt. A