1. - This Civil Misc. Appeal under Section 110-D of the Motor Vehicles Act, 1939, (hereinafter referred to as 'the Act') has been filed against the award dated February 18, 1987, in case No. 255 of 1984, passed by the Motor Accidents Claims Tribunal, Jaipur.

2. It will suffice to state for the purpose of this appeal that on June 23,1984, an accident took place on Jaipur Amber Road, while deceased Rafiq Ahmed was going on his scooter No. RRB 4091 towards Amber at about 6 p.m. in the evening, along with his son, aged two years and Sayed Ahmad, who was sitting on the pillion. The accident took place near the crossing of road, turning towards Ramgarh. It is alleged that the truck came from Ramgarh Road side coming at fast speed and struck with the scooter on the wrong side. As a result of the impact the deceased Rafiq and his child died on the spot. The truck driver ran away from the site of the accident. A claim petition was filed before the Tribunal and the Tribunal after recording evidence of both the parties and hearing the learned Counsel awarded compensation amounting to Rs. 68,000/- to the Appellants.

3. The contention of Mr. H.M. Bhargava, learned Counsel for the Appella