( 1 ) RESPONDENT No. 2 despite service is absent. Accordingly, this appeal is being disposed of in his absence :

( 2 ) THE only question involved in this appeal filed under Section 173 of the Motor vehicles Act, 1988 (1988 Act for short) revolves around the issue of the ownership of the vehicle involved in the accident and hence the consequential question of the liability resting upon such owner to pay the compensation amount. This question has assumed significance because of the admitted factual circumstance that the vehicle involved in the accident was not insured.

( 3 ) THE brief facts of the case are as under :

( 4 ) THE deceased Zakir Hussain, son of the claimant respondent No. 1 was a student of class II when he was aged about 7 years. On 1-12-1989 while he was playing along with other boys in front of his door by the side of a road, truck bearing registration no. BHM 1314 came from the side of morradighat and it ran over the deceased resulting in his death on the spot. It was alleged that this truck was being driven rashly and negligently. In the claim petition filed by the respondent No. 1/claimant, the following eight issues were framed by the Tribunal for adjudic