( 1 ) THIS appeal is directed against the judgment dated 30. 4. 1990 of the Motor Accident Claims Tribunal in suit No. 565/1979 whereby the learned Tribunal has passed an award in the sum of Rs. 79,000/- with cost together with simple interest @ 9 per cent per annum from the date of filing of the petition till passing of order in favour of the appellant while granting one month s time failing which the awarded amount shall carry an interest of 12 per cent per annum.

( 2 ) BRIEF facts of the case, as noted by the tribunal, are as follows :

"on 29. 8. 1979 in the morning at about 9. 30 a. m. , the deceased Dalip Singh aged about 25 years was going on a motorcycle from his residence Gita Colony towards faridabad on Mathura Road with Ajit Singh injured sitting as a pillion rider who were both brothers. It is stated that the motorcycle No. WBN 6692 was driven by Dalip Singh in a normal speed on their left hand side and in the meantime one truck No. DLL 1578 driven by respondent no. 1 madan Lal came from opposite direction driven in a rash and negligent and reckless manner and when it came near the motorcycle driven by Dalip Singh the truck driven by respondent no. 1 took