Shivaji Pandey, J. – Heard learned counsel for the appellant. There is delay of 50 days in filing of this appeal which has been explained in the limitation petition. The Court is satisfied with the explanation accordingly, the delay is condoned.

2. In the present appeal, the appellant is challenging the judgement and award dated 28.08.2008 passed by District Judge-cum-Motor Vehicle Accident Claims Tribunal, Biharsharif (Nalanda) in Claim Case No. 147 of 2006 whereby and whereunder the Tribunal has awarded an amount of Rs. 2,29,500/- along with 6% interest from the date of filing of application.

3. The short facts of this case is that one Unay Kumar aged about 10 years was coming from Milkiper to his house along with his father riding on cycle and when both reached near west side of Bahuaara, a truck bearing registration No. H.R.-38K/7829 was being driven very rashly and negligently, dashed the cycle in which Unay Kumar came under the wheel of the truck and was crushed which led to his death whereupon a criminal case, vide Akangarsarai (Telhara) P.S. Case No. 26/2006, was registered under Sections 279, 337, 338, 427 IPC and later on added Section 304(A) IPC.

4. The Tribunal has found