Mr. K. Kannan, J.: - The appeal is against the dismissal of a petition filed under Section 163-A of the Motor Vehicles Act, 1988 with the averments that on 19.4.2006, the deceased Katik Mohd. along with others were traveling in a Mohindra pick-up van returning from village Lakkar to village Buria, after attending the marriage of one Arvind Kumar. The accident is said to have taken place when a truck coming from the opposite direction dashed against the truck in which the deceased was traveling that resulted in death of one of the passengers in the bus, named, Katik Mohd. That driver incidentally also happened to be the owner of the truck and appears to have been proceeded against for negligence driving of the truck. The petition has been dismissed on the ground that the claimant’s income was more than Rs.40,000/-.

2. In my view, the dismissal of the petition was clearly erroneous. I have seen through the petition. The claimants are the parents of Katik Mohd., who was 20 years of age and was said to be a computer operator with Satish Kumar, proprietor of Bittu Kamboj Bhuria. The driver of the Mohindra pick-up van has been proceeded with and if it is admitted fact that the d