( 1 ) THIS appeal arises out of the Motor Accidents Claims Petition No. 85 of 1976 decided by the Motor Accidents Claims Tribunal No. 1-A Ahmedabad City. The application was filed under sec. 110a of the Motor Vehicles Act claiming compensation of Rs. 42 0 for the death of one Ashvinkumar who was killed in a military motor truck accident which took place on 1/04/1976.

( 2 ) THE facts of the case are that at the time of time accident Ashvinkumar came out from Manhar Society and was going on a public road leading to the Civil Hospital. He was on his bicycle and he was riding the cycle on the left side of the road. In the meanwhile military motor truck bearing No. 73 D 10699 II driven by opponent No. 2 came from behind and knocked Ashvinkumar on the road. It is alleged that the truck was driven at a fast speed and negligently. The left side of the front bumper of the truck is alleged to have dashed against the cycle of Ashvinkumar. After Ashvinkumar fell down on the road the front left wheel of the truck ran over his head and Ashvinkumar died on the spot. The applicants who are the parents of the deceased Ashvinkumar have alleged that the accident occurred on account of the negligent driving of the military motor truck by opponent No. 2 and therefore both the opponents are responsible for the accident and they are liable to pay the compensation. The applicants had claimed Rs 42 0 for the death of their son Ashvinkumar. Ashvinkumar was the only son of the appellants.

( 3 ) THE Motor Accidents Claims Tribunal who heard the compensation case came to the conclusion that the injuries were received by Ashvinkumar on account of the wrongful act and neglect on the part of the opponent No. 2 and therefore the opponents are liable for the said act and after holding that the opponent No. 2 is negligent the Tribunal has awarded the compensation of Rs. 21 0 to the appellants with 6 interest from the date of the application and costs and the opponent No. 1 is directed to deposit the amount of Rs. 21 0 together with interest and costs within six week from the date of the order i. e. 1/12/1977.

( 4 ) THE present appeal has been filed by the appellants claiming additional amount by way of compensation. However the appellants have restricted their claim to Rs. 10 0 in this appeal for the additional amount.

( 5 ) SO far as the question of negligence is concerned that question will not arise in the present appeal as there is no appeal or cross objections by the respondents and therefore that finding will have to be confirmed. So far as the negligence of opponent No. 2 is concerned the Tribunal has also come to the conclusion that it is proved beyond doubt that the accident occurred due to rash and negligent driving on the part of the opponent No. 2 and therefore that finding will be confirmed in this appeal.

( 6 ) THE next question that arises for our consideration is what additional amount should be awarded by way of compensation to the applicants. The applicants are the parents of deceased Ashvinkumar. It is in evidence that Ashvinkumar was aged 13 years old at the time of the accident and he was studying in 7th Standard in Shishuvihar High School. Therefore in the present case there cannot be any evidence as to what was his source of income and what he was earning at the time of the accident. However the Tribunal has estimated as to what should have been his income for the purpose of computing compensation and the Tribunal has estimated the income which the deceased would have earned at Rs. 300. 00 per month and deducting Rs. 100. 00 which he would have spent on himself Rs. 200. 00 per month has been taken as the dependency benefit available to the appellants and considering the age of the deceased multiplier of 15 years has been taken.

( 7 ) NOW in such Cases where a young boy who is studying in school and who is not earning anything it is difficult to evaluate hic future earning capacity and loss to the appellants. In the present