JUDGMENT :

SATYEN VAIDYA, J.

1. By way of instant appeal, appellant/insurer has assailed the award dated 25.8.2014, passed by learned Motor Accident Claims Tribunal (III), Shimla, H.P. (for short “the Tribunal”) in MAC petition RBT No. 148-S/2 of 2012/10 on the grounds, firstly that deceased Roshan Lal, on account of whose death, compensation was claimed, was sitting in the Goods Carriage Vehicle as gratuitous passenger and secondly in alternative, in absence of any proof of his income on record, the daily wage as per the Government notification, issued by the Labour Department during the relevant period was liable to be considered.

2. Brief facts necessary for adjudication of appeal are that on 13.3.2010 at about 7.00 P.M. vehicle (Bolero Pickup) No. HP-08A-0462 met with an accident. Respondent No. 6 herein was the driver of the said vehicle. The vehicle was owned by respondent No. 5 herein. Two persons namely Roshan Lal and Liak Ram were occupants in the vehicle besides the driver. Sh. Roshan Lal died as a result of injuries suffered by him on account of the aforesaid accident. Respondents No. 1 to 4 herein/claimants were the legal representatives of late Sh. Roshan Lal.

3. The claim