T. R. Handa, J.—This appeal under Section J10-D of the Motor Vehicles Act, (hereinafter called the Act) is directed against the judgment/award dated 7-7-1972 delivered by the Motor Accident Claims Tribunal, dismissing the claim petition of the appellants made under Section 110-A of the Act.

2. The facts and circumstances giving rise to this appeal may be briefly sketched like this. On 28-8-1970 a truck bearing registration No. HIM 4135 was proceeding from Tatapani towards Simla. This truck was loaded with apple-boxes. Some of the apple-boxes loaded on this truck belonged to Shri Prabhu Dayal (now deceased) and he was also travelling in the truck. This truck belonged to the Himachal Government Transport and at the relevant time was being driven by one Gian Singh, an employee of the Himachal Qovt. Transport. When this truck reached near the place known as Ganasidhar, it fell down into a deep khud and was smashed. As a result of such accident, both, Shri Gian Singh, driver of the truck and the said Shri Prabhu Dayal died on the spot.

3. Shri Prabhu Dayal deceased was a young man of 39 years. He was a bachelor. He was survived only by his three brothers two of whom are the prese