J. V. Gupta, J.

1. Eric Oliver Dean, aged 33 years, died in an accident in which scooter No. HRP 997 and truck No. HRC 2596 were involved on November 25, 1978, at about 5.30p. m. , in sector 7a, Faridabad. His widow, two daughters and mother filed a claim petition under Sec.110a of the Motor Vehicles Act, 1939, which was dismissed by the Motor Accidents Claims Tribunal, Gurgaon (for short "the Tribunal" ). Dissatisfied with the same, the claimants have filed the appeal in this court.

2. According to the claimants, Eric Oliver Dean was driving scooter No. HRP 997 on November 25, 1978, at about 530 p. m. , when the offending truck came from behind him. The truck hit the scooter and as a result of the impact, Eric Oliver Dean was thrown out of the scooter and he sustained multiple injuries and died at the spot. The truck belonged to M/s. Pratap Steel Rolling Mills, respondent No.1, and it was being driven by Swaran Singh. The truck was insured with the insurance company, respondent No.2. The deceased was 33 years old and was employed in the Shipping Corporation of India and his monthly income was Rs.867.63 besides usual perks. Thus, the claimants claimed Rs.1,50,000 on account