D.K. Sinha, J.-This miscellaneous appeal is directed against the award passed by learned A.J.C.-VI-cum-Presiding Officer of Motor Accident Claims Tribunal, Ranchi in Compensation Case NO.128 of 2001 on 18.2.2006, whereby and whereunder, the learned Tribunal, by partly allowing the claim of the claimants/appellants, directed the opposite party No. 3/respondent No. 3 to pay a sum of Rs. 1,77,840/- only to them as against the claim of Rs. 3,60,000/and interest thereon

2. Brief fact of the case was that on 9.4.2001, while the deceased Jeyaul Haque @ Lala, an engine technician by profession, was repairing the gear box of the truck No. RJ-14G-2685 parked on the National Highway near R.K. Motel at Chuttupalu, another truck bearing registration No. BHN 5731, came rashly from be- hind and dashed against the said static truck No. RJ-14G-2685 with the impact of which, the deceased Jeyaul Haque @ Lala who was repairing the gear box came under the wheels of the static truck No. RJ14G-2685. He was immediately removed to the Appolo Hospital where he succumbed in course of treatment on the same day. An F.I.R. was instituted giving rise to Ormanjhi P.S. Case No. 4 /01 for the alleged offence under Sections 279/337/ 338/307/304(A) of the Indian Penal Code. After investigation, police submitted chargesheet against the driver of the static truck No. RJ-14G-2685. It was stated that the deceased Jeyaul Haque @ Lala, at the relevant time of his death in motor accident, was aged about 19 years and was a skilled engine technician, having earning of Rs. 4,000/- per month. Appellants are the parents and younger minor brothers of the deceased who had been living on the earning of the deceased Jeyaul Haque @ Lala and it was stated that due to his sudden death, the appellants have been deprived of not only their means of livelihood but also love and affection. A sum of Rs. 3,60,000/- was claimed by the claimants/appellants on the ground that his earning at the relevant time was Rs. 4,000/ - per month but only a sum of Rs. 1,77,840/ - was directed by the Claims Tribunal to be paid by the opposite party No. 3/respondent NO.3, who was the owner of the offending truck No. BHN 5731 which dashed the static truck. 3. By assailing the impugned award, learned counsel Mr. Anand submitted that it was a case of composite negligence as the static truck No. RJ-14G-2685 which had developed fault in its gear box was parked on the National Highway and the deceased with another was called in for repair of the truck but on account of sudden dash from behind, and its impact whereof, the deceased, Jeyaul Haque @ Lala fell down and the wheels of the static truck moved forward and he came under the wheels which caused fatal in course of his treatment. In this manner, liability fixed only against the offending truck bearing registration No. BHN 5731 was not proper and appropriate which contributed for the negligence of the driver of the static truck No. RJ-14G-2685, who had parked it on the National Highway without taking precautionary measures to watch and warn the vehicular traffic or by displaying the sign of caution or any other mode by putting boulders on the road. It was not the case of the respondent No. 1 that his truck was parked on the flank, at some distance from the National Highway so as to infer that abundant precaution was taken by the driver of the truck No. RJ-14G-2685 while repairing of its gear box was going on. Under the circumstances, it was appropriate and proper for the Tribunal to fix equal liability upon the owner of both the trucks as regards payment of compensation was concerned.

4. By raising the second point, Mr. Anand submitted that the amount of compensation as against the claim of the claimants/appellants was insufficient and inadequate, against the set norms of assessment. Learned Presiding Officer of the Tribunal while assessing the compensation amount entered into hyper-technical method by examining the notification of the Government dat