JUDGMENT :

1. This appeal, at the behest of the claimants, challenges the judgment and order dated 15.01.2010 passed by Motor Accident Claims Tribunal/Special/Additional District Judge, Ballia (hereinafter referred to as 'Tribunal') in Motor Accident Claim Petition No. 31 of 2007 awarding a sum of Rs.1,24,500/-with interest at the rate of 6% p.a. as compensation.

2. Heard Sri Satyendra Narayan Singh, learned counsel for the appellants; Sri Aijaz Ahmad Khan, learned counsel for the respondent no. 1-New India Insurance Company Ltd. None appears for the remaining respondents.

3. The brief facts as culled out from the record are that on 17.01.2007 when deceased was driving his Indica Car No. U.P.-60-H-4901 owned by him and was travelling on Varanasi Ghazipur road, D.C.M. Truck No. U.P.-65-H-8205 coming from opposite side, which was driven rashly and negligently, dashed against the said car at about 10.00 p.m. In this accident, Anand Kumar and Jatin Kumar died on spot and Kumari Drishya Verma and Abhishek Verma sustained grievous injures. Deceased was a healthy person who was partner in J.J. Honda agency Ballia and was dealing in the business of purchase and sale of silver-golden orname