S. P. SRIVASTAVA, J.

( 1 ) FEELING aggrieved by an award of Motor Accidents Claims tribunal under the proceedings under section 110-A of Motor Vehicles Act, 1939, whereunder as against the claim of compensation to the extent of Rs. 6,88,000 by the present claimants-appellants, they had been awarded an amount of Rs. 2,16,000 and that too against the owner and driver of the offending motor vehicle which was a tractor exonerating the insurer company, they have now come up in appeal praying for modification of the award and grant of the amount of compensation as prayed for against not only the owner and driver but also against the insurer.

( 2 ) WE have heard the learned counsel for the parties and have carefully perused the record.

( 3 ) THE facts in brief shorn of details and necessary for the disposal of this appeal lie in a narrow compass: Dwarika Prasad the husband of the appellant No. 1 and the father of the other appellants died in an accident involving the offending motor vehicle, tractor bearing registration No. CPH 6414 on 30. 7. 1985.

( 4 ) THE present appellants submitted an application under section 110-A of the motor Vehicles Act, 1939, on 26. 8. 1985 raising a claim for compensation of an amount of Rs. 6,88,000. In their application, it had been asserted that Dwarika prasad, the deceased was aged 32 years at the time of his death and was hale and hearty. It was also asserted that the deceased was running a shop of 'kirana and parchun' in the village Salon of Block bhander from which business he was earning Rs. 2,000 per month. It was further asserted that the deceased was travelling in the offending tractor along with several other persons of the village as passengers while going to have a darshan of Kaksi hanumanji. The tractor was being driven in a rash and negligent manner with quite a speed. There was a trolley attached to the tractor in which other persons were sitting who had asked the driver to run the tractor slowly but he did not listen. It was also asserted that during the way the brakes were applied all of a sudden with the result that Dwarika Prasad, the deceased fell down from the tractor and was run over by the wheel of the trolley and died.

( 5 ) PUSHPA Devi, wife of the deceased who disclosed her age to be 32 years was examined as PW 1 in support of the case of the claimants. In her deposition, she had stated that her husband used to run a flour mill also besides running the shop of 'par-chun and kirana and gave her Rs. 2,000 per month for household expenses. She admitted the fact that the deceased was also running a flour mill was being disclosed for the first time before the Tribunal. In para 6 of her deposition, she admitted that at the time of the death of Dwarika Prasad, he was aged 40 years.

( 6 ) HARDAS was examined by claimants as PW 2. He claimed to be co-passenger travelling in the said tractor along with the deceased at the relevant time. He had stated that the trolley was attached with the tractor. Dwarika Prasad, the deceased was sitting on the tractor itself and was run over by the wheel of the trolley after he had fallen down. It was also stated that there was a mela in Kaksi near the temple of Hanumanji and all the passengers were going to the mela. He had also stated that dwarika Prasad had 20 bighas of agricultural holding from which he earned about rs. 30,000 per annum. Apart from that he was running a flour mill from which he earned Rs. 1,000 to Rs. 1,500 per month. It was further stated that the deceased was also running a 'parchuri' shop from which he was earning Rs. 20,000 to Rs. 25,000 per annum. In para 5 of his deposition, he had stated that a wooden plank had been put on the mudguards of the tractor on which 5 passengers were made to sit. It was further stated that he was sitting by the side of Dwarika Prasad on the tractor itself. Kamal Singh who had the driving licence was driving the tractor.

( 7 ) DWARKA Prasad s/o Narayandas, one of the close relations of the deceased

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