JUDGMENT :

Vikas Kunvar Srivastav, J. - This first Appeal from Order under Section 173 of the Motor Vehicle Act, 1988 has arisen from the judgment and award dated 28.02.2002 passed by Motor Accident Claims Tribunal/Ist Additional District Judge, Sultanpur under Section 166 of the Motor Vehicle Act in Motor Accident Claim Petition No.19 of 1999 (Ram Pher and Anr. v. National Insurance Co. Ltd.).

2. Learned Motor Accident Claims Tribunal has awarded compensation to the tune of Rs. 50,000/- to the claim petitioner whose son aged about 18 years namely Ajay Kumar Verma met the accident with offending motor vehicle, tempo (U.P. 44 A9883). The accident was occurred on 17.4.1998 at 9:00 a.m., while the deceased-Ajay Kumar Verma was driving the aforesaid Tempo in question, due to a sudden burst of tyre, the same flipped over. He fell beneath the Tempo, sustained severe injuries and died. It is alleged in the claim petition that the deceased was earning Rs. 3,000/- per month as wages by driving the said tempo.

3. Learned court below has directed the insurer (National Insurance Co. Ltd.) of the offending motor vehicle i.e. Tempo to pay compensation for and on behalf of the owner (the insured) of