JUDGMENT :-Appellants, who are the son and daughter of Danaiah (deceased) who died due to an accident caused by the rash and negligent driving of the driver of the lorry belonging to the first respondent and insured with the second respondent filed a claim petition seeking compensation of Rs.1,60,000/- from the respondents on the ground that the deceased who was aged 50 years was earning Rs.2,900/- p.m. as salary by the date of his death in the accident.

2. First respondent chose to remain ex parte.

3. Second respondent filed its counter h inter alia putting the appellants to proof of the averments in the petition relating to the age and income of the deceased and contending that the accident did not occur due to the rash and negligent driving of the lorry insured with it.

4. In support of their claim, appellants examined the first appellant as P. W.1 and the other witnesses as P.Ws.2 and 3 and marked Exs.A.1 to A.5. No oral evidence was adduced on behalf of the second respondent but marked Ex.B.1 by consent.

5. The Tribunal after holding that the accident occurred due to the rash and negligent driving of the driver of the first respondent, awarded Rs.25,000/- as compensation to the ap

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