GURUSHARAN SHARMA, J.

( 1 ) ADMITTEDLY monoharlal Sultania of Mohalla Tambaku patti of Chaibasa town left behind three sons, Santosh Kumar Sultania, Balram prasad Sultania and Krishna Kumar Sultania.

( 2 ) ON 15. 7. 1986, Krishna Kumar Sul-tania who was aged about 21 1/2 years and was unmarried, while coming from Ranchi to Chaibasa on a jeep No. BRS 6471 died, when a bus No. BHN 9915 coming from opposite direction in a very high speed dashed the jeep.

( 3 ) PARENTS of the deceased were not alive. His two brothers filed claim application under section 110-A of the Motor vehicles Act, 1939, for compensation.

( 4 ) THE Tribunal by impugned judgment and award dated 29. 1. 1997 held that the claimants were not dependent on earnings of the deceased and, therefore, they were not entitled to receive any compensation under the head loss of dependency. It was further held that claimants were entitled to compensation only under the head loss to the estate and allowed Rs. 15,000, which they had already received earlier by way of interim compensation.

( 5 ) IT is well settled that brother of a person who dies in a motor vehicle accident is entitled to maintain a petition under sectio