K.L.SRIVASTAVA, J. - (1.)THIS appeal under Section 110-D of the Motor Vehicles Act 1939 (for short 'the Act') is directed against the award dated 7-3-1983 made by the Motor Accident Claims Tribunal Jhabua in Claim Case No, 9 of 1982 whereby the appellants' claim for compensation has been allowed but partly.
(2.)IT is not in dispute that on 30-6-82 at about 11.00 a.m. the deceased Khelsingh aged about 15 years had sustained injuries in a motor accident and had died soon thereafter as a result thereof. The car belonging to the respondent no 2, driven by his driver respondent No. 1 and insured with respondent No. 3 against third party risk had dashed against the deceased. Mst. Jhumali aged 40 years the appellant No. 1 is the widowed mother of the deceased and the appellant No. 2 aged 8 years is his brother.
According to the claim petition filed on 12-7-1982 the appellant at the time of the accident was in the service of one Makna (P.W. 2) at the rate of Rs. 5/- per day and meals. The accident had occurred when Khelsingh was taking his master's cattle to the river. The car was being driven at great speed and negligently had dashed against the deceased who was away from the road. A sum of Rs. 8,45,000/- was claimed towards pecuniary loss and Rs. 55,000/- towards mental pain.

(3.)THE respondents had filed a joint written statement resisting the claim. According to them, the appellant was on the right side of the road and when he struck a cow she had run towards the left side of the road. For this reason the car was taken to the right side and then the deceased who was speedily running to cross the road had collided with it and had sustained injuries He was taken to the hospital by the respondent No. 1 the driver who bad also lodged a report of the occurrence at the police station. It was stated that the accident had occurred entirely due to the negligence of the deceased and, therefore no liability for any compensation could be fastened.