JUDGMENT :

A.K. Rath, J.

This appeal by the claimants assails the nil award passed by the 1st Motor Accident Claims Tribunal, Keonjhar in M.A.C.Case No.130 of 2010.

2. One Parameswar Khaitan borrowed an Indica Car bearing registration no.OR-05-R-7739 on 27.11.2007 from his friend Aurobinda Mohanty and his wife, Bijay Laxmi Bhanja, the owner of the car. He was driving the vehicle and travelling with his relatives from Jharsuguda to Sundargarh. At about 4.30 P.M., near village Masnikani on SH-10, due to failure of break, he could not control the vehicle, as a result of which, the vehicle dashed against a road side tree. He along with the occupants sustained grievous injuries. He succumbed to the said injuries on the spot. With this factual scenario, the claimants, who are widow and minor son of the deceased, filed an application under Section 166 of the Motor Vehicles Act, 1988 ('M.V. Act') before the 1st Motor Accident Claims Tribunal, Keonjhar for compensation, which was registered as M.A.C. Case No.130 of 2010. According to the claimants, the deceased had a transport business. He was the proprietor of M/s. Friends Carrier and also owner of Truck and earning Rs.45,000/- per month. He