( 1 ) THIS appeal is directed against the judgment and order dated 31. 3. 1980, passed by Motor accidents Claims Tribunal (V Addl. District and Sessions Judge), Deoria, awarding a sum of Rs. 49,212/- along with interest at 6 per cent with costs.

( 2 ) THE facts giving rise to the present appeal may be narrated within narrow compass. An accident took place on 8. 9. 1977, in which Heera Prasad Singh, who was Junior Engineer in public Works Department while driving his motor cycle, collided with truck No. UPQ 1237 of the Agriculture Department of State of U. P. , as a result of which Heera Prasad Singh received serious injuries and was admitted in Civil Hospital, Deoria and was further shifted to Medical college, Gorakhpur, on 16. 9. 1977, where he succumbed to his injuries at 1. 30 a. m. on 17. 9. 1977. Deceased Heera Prasad Singh was aged about 27 years at the time of his death. His widow, vidyawati Singh and son, Satish Kumar Singh, preferred claim petition before the Motor accidents Claims Tribunal claiming Rs. 3,10,000/- along with interest. Both the respondents contested the claim petition. They admitted the factum of accident of 8. 9. 1977 and the death of heer