S.K.Chattopadhyaya, J.

1. The appellant, who is the father of the deceased, has moved this court being aggrieved by the judgment and award passed by the Additional Claims Tribunal, Hazaribagh, in Misc. Case No. 7 of 1988.

2. Tribhuwan Sao, the deceased at the relevant time, was a khalasi (cleaner) of Jonga jeep bearing registration No. BRO 2455. The Jonga jeep met with an accident while going towards Barhi side with a truck bearing registration No. BHM 9545. Due to impact of the accident Tribhuwan Sao fell down on the road and was crushed under the wheel of the truck, as a result of which he died on the spot.

3. In the claim petition it was alleged that the said accident occurred due to excessive and sudden speed of the said truck bearing registration No. BHM 9545. The income of the deceased was said to be Rs. 1,000.00 per month from his service. The claimant and his family were dependent on the earnings of the deceased and at the time of death the deceased was aged about 18-19 years.

4. Being noticed, the owner of the truck bearing registration No. BHM 9545 as well as the insurance company appeared and filed their separate written statements. Plea taken by the owner was th