Hon’ble Devi Prasad Singh, J.—The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred against the impugned judgment and order dated 21.1.2010 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 3, Lucknow in Motor Accident Claim Petition No. 564 of 2006, whereby the tribunal has rejected the claim of the appellants. Hence, the present appeal.

2. Permeshwar aged about 55 years, on 15.11.2006 at about 7.00 p.m. after arriving railway station Nigoha by train, was going to his village Mastipur. When he arrived to turning point of Mastipur road, a Motor-cycle No. UP 32 AV 9788 being driven in rash and negligent way coming from reverse direction, hit Permeshwar, in consequence thereof, he fell down on the road and sustained injuries. On 16.11.2006 he was got admitted in the railway hospital, from where he was referred to K.G.M.U. Lucknow. During the course of treatment, he succumbed to the injuries on 22.11.2006. At the time of accident and death, he was working in the railway department with salary of Rs.8810/- An FIR was lodged by the son of deceased, namely, Rakesh Kumar on 12.12.2006. In the FIR, number of Motor Ve