M.L.SINGHAL, J.

1. This is Letters Patent Appeal against the judgment passed by learned single Judge of this Court dated 21-7-1989 in FAO No. 1175 of 1985 titled Sunder Mohan Mathur-appellant V/s. Ajit Singh, whereby he ordered the award of Rs. 40,000/- as compensation to Shri Sunder Mohan Mathur on account of the death of his son Nagesh Mathur aged 26 years in a motor vehicle accident that took place on 4-4-1983 at 3.30 P. M. at the turning near Badkhal Lake on Delhi-Gurgaon road.

2. Facts of the case are as follows :-

Nagesh Mathur was employed with M/s. Eicher Goodearth Limited., 120 SIAN Second Floor, Nehru Place, New Delhi as Technical Assistant. His duty was to supervise, check and inspect the performance of tractor manufactured by respondent No. 2 at Faridabad on the instructions of his employer and in the discharge of his duties, on 4-4-1983 he was deputed to check the performance of tractor No. HRC-170-C being driven by Ajit Singh driver of that tractor employed by respondent No. 2. This driver was driving the said tractor with trolley loaded with earth. Its performance was to be checked by Nagesh Mathur in the Capacity of Technical Assistant. He was sitting on the