- (1.) Heard the parties. This is an unfortunate case. This appeal has been preferred by the appellant Santosh Rani, mother of deceased Pankaj Bansal who lost his life on 6.10.1993 arising out of a motor accident. The said Pankaj Ban-sal was aged 13 years at the time he met with a fatal accident. Claim petition was filed by his mother, Santosh Rani. The Tribunal framed as many as six issues. The relevant issue which we are concerned for proper adjudication of the appeal is issue No. 1: "Whether Pankaj Bansal died due to rash and negligent act of Ranjit Singh, respondent No. 1 OPA"
(2.) The Tribunal after examining the evidence adduced before it came to the finding that the accident took place due to rash and negligent driving of respondent No. 1, the driver. Having come to such finding the Tribunal assessed quantum of compensation on the basis of statement of claimant, Santosh Rani, AW 3, who has stated that the deceased used to earn Rs. 50 or Rs. 60 daily. The Tribunal disbelieved the testimony of the claimant on the ground that no materials on the file to corroborate the statement made by the claimant.
(3.) Accordingly, the Tribunal held that there was no source of income of the deceased is proved. The Tribunal, however, awarded Rs. 50,000 on account of no fault liability. Being aggrieved, the claimant preferred an unsuccessful appeal before the High Court. Hence, the present appeal by special leave.;