P.S. Rana, J. - Present appeal is filed under Section 173 of Motor Vehicles Act 1988 against the award dated 9.11.2009 passed by Motor Accident Claims Tribunal-I Sirmour District at Nahan in MAC Petition No. 61-MAC/2 of 2007 title Jai Parkash and another v. Santosh Devi and others.

Brief facts of the case:

2. Sh Jai Parkash minor aged 12 years son of Sh. Devinder Dutt and Smt. Krishna Devi mother of deceased filed petition under Section 166 of Motor Vehicles Act 1988 pleaded therein that on dated 30.6.2003 at village Chabahan Tehsil Pachhad District Sirmour HP deceased namely Devinder Dutt aged 32 years was travelling in tractor No. HP-16-1099 as labourer in tractor and when tractor reached near village Chabahan Tehsil Pachhad District Sirmour HP accident took place and deceased namely Devinder Dutt died due to accident of vehicle. Monthly income of deceased Devinder Dutt pleaded as Rs. 3000/- (Three thousand) per month. It is pleaded that FIR No. 127 of 2003 dated 30.6.2003 was registered under sections 279, 337, 338 and 304A IPC. It is pleaded that postmortem of dec