S.K.JHA, J.

1. This is an appeal under S.110-D of the Motor Vehicles Act (hereinafter to be referred to as the Act) against the order of the Motor Accidents Claims Tribunal, Patna, dismissing the application for compensation of the appellant. The appellant had preferred a claim under S.110-A of the Act for the award of compensation to the tune of 1,00,000 on account of the death of his son Dharamdeo Prasad aged about 19 years caused by the impact of a tempo (taxi) bearing registration No. BRP 7809. The aforesaid accident took place at about 7 p.m. on the 27th Feb., 1968 near the State Police Radio Headquarters within Gardanibagh Police Station in the town of Patna.

2. The appellants case was that while his son Dharamdeo Prasad was coming on a bicycle from the side of aerodrome towards his residential place in mohalla Laljitola, the above mentioned tempo owned by Anil Kumar Gupta, respondent No. 1, and insured with the Insurance Company, respondent No. 2, dashed against him causing injuries. He was removed to the Rajendra Surgical Block of the Patna Medical College, for treatment but he died there. It was further claimed that a sum of Rs. 500 had been spent over the treatmen