JUDGMENT :

1. This is an appeal filed by the appellant-Oriental Insurance Co. Ltd. (“OIC” in short) filed against an award dated 30.04.2009 passed by the Motor Accident Claims Tribunal, Kishtwar (“MACT, Kishtwar” in short) on File no. 13/Claim preferred by the respondents no. 1 to 5 herein as being the widow, children and mother of the deceased-Des Raj Shan who died in a road traffic accident on 22.11.2000. In terms of this award an amount of Rs.4,00,000/- (four lac) along with interest @ 6% from the date of filing of the claim petition has been awarded and ordered payable by the appellant-OIC. Claim petition was filed on 18.12.2000.

2. The deceased-Des Raj Shan was driving a Maruti Car no. DL-7C/0284 from Gandoh to Bhadarwah when upon reaching near Naseeb Nagar Thathri at 5 p.m. Said car is reported to have met with an accident due to mechanical failure resulting in fatal injuries to the deceased-Des Raj Shan resulting in his death when he was in his age of 42 years.

3. On account of this accident resulting in loss of life of the Des Raj Shan, the respondents no. 1 to 5 came forward with a claim petition under section 166 of the Motor Vehicles Act, 1988 (“the Act of 1988” in short) f