JUDGMENT :

1. Case called out in revised reading of the list.

2. No one is present for respondent no.3 despite sufficient service vide order dated 25.7.2014.

3. The present first appeal from order has been filed by appellant against impugned judgment and award dated 16.11.2009 passed by Motor Accident Claims Tribunal/Additional District Court, Court No.1, Meerut (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No.90 of 2006 (Mangey Ram and another Vs. Sri Pratap Singh and another), by which claim petition has been allowed granting a compensation of Rs.4,12,500/-to claimants-respondents no.1 & 2 with interest @ 6% per annum against the owner of truck with direction for making payment by insurer with recovery rights.

4. The brief facts relating to the case are that Claim Petition No.90 of 2006 was filed by claimants-respondents no.1 & 2 Mangey Ram and Sri Kishan Pal with the allegations that their brother Gajendra Singh aged about 28 years was working as helper/second driver on truck in question of Pratap Singh, respondent no.3 and was being paid Rs.3,200/- per month and since he was bachelor his brothers-claimants were dependent on his income. After filing of wri