JUDGMENT : S.C. Mohapatra, J. - This is an appeal by the claimants u/s 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act'). Matter was listed for taking steps relating to substitution of appellant No. 1. learned Counsel for the appellant submitted that the name of appellant No. 1 may be deleted. In that view of the matter, with consent of parties, appeal was heard. Since it is otherwise ready for hearing. 2. There is no dispute that death was on account of accident. Liability can be escaped if it is proved that there was no negligence. Award of some compensation which is not challenged in appeal or by cross-objection and has become final itself is a fact from which inference of negligence can be drawn since there is no scope for award of compensation without negligence. Only question therefore, is whether deceased had contributory negligence. 3. Tribunal has not accepted the story of claimants that deceased was trying to save a boy from accident on account of the fact that such a story was not disclosed in the claim petition and witnesses have been discrepant in respect of name of the boy who was attempted to be saved from accident by the deceased. I am not able to accept the reason. Claimant was not at the spot. No question has been put to him why he did not disclose the fact in the petition. Rules of pleading as provided in CPC are not strictly applicable to proceedings under the Act. Witnesses also cannot be disbelieved since it is possible that a boy may have a nickname and a good name. If one witness identifies the boy by nickname and the other by good name, such evidence ought not to be discarded only on account of discrepancy. Further materials are wanting to disbelieve the witnesses. Respondent has not made any endeavour in that regard and has not given any explanation why it could not bring materials on record. I am satisfied that story given out by the witnesses of claimants is correct. 4. Coming to question of determination of just compensation, Tribunal has awarded compensation of Rs. 8, 400/- only. It is beyond any imagination how such a small amount can be awarded as compensation for death of a man aged 22 years, who is not a liability to the family. 4. Coming to question of determination of just compensation, Tribunal has awarded compensation of Rs. 8, 400/- only. It is beyond any imagination how such a small amount can be awarded as compensation for death of a man aged 22 years, who is not a liability to the family. The very fact that compensation has been awarded itself discloses that there was loss of dependency. In absence of any evidence of the loss a reasonable guess work can be made. There is clear evidence of the parents that deceased was helping them in agricultural operations. In absence of deceased, labourer may have to be engaged. Taking the income of a daily labourer at Rs. 10/- per day at the time of death, it can safely be guessed that the deceased was earning Rs. 300/- per month, out of which his expenses being deducted, loss of dependency can be determined at Rs. 200/- per month or Rs. 2, 400/- annually. Mother is aged 50 years and father is aged 60 years. Thus, loss of dependency would have continued at least for 15 days, taking average longevity of a lady in India to be 65 years. If mathematically calculated, compensation comes to Rs. 36, 000/-. However, mathematics may be a good servant but is a bad master. Taking into consideration uncertainties of life, and benefit of lump sum payment, I am satisfied that the amount of Rs. 30, 000/- would be adequate compensation in the circumstances of the case. 5. In the result, appeal is allowed in part. Opposite Party No. 1 is to pay Rs. 30, 000/- to the claimants. If payment is made Within two months from today, interest at the rate of 6% per annum shall be paid from the date of application. Delay beyond two months for payment will deprive the owner of this liberal interest and interest at the rate of 121/2% per annum shall be paid from the date of application till date of payment. Amount already paid shall be adjusted. Out of the total sum, Rs. 20, 000/- shall be put in fixed deposit for three years with arrangement for payment of interest to the claimants half yearly. The balance amount shall be paid to the claimants, There shall be no order as to costs.