( 1 ) THIS is an appeal against the decision and award dated the 27th February, 1969 by the Motor Accident Claims Tribunal Calcutta, 24 par-ganas and Howrah at Howrah presided over by Mr. K. Chatterjee in M. A. C. Case No. 271 of 1965.

( 2 ) ONE Niroj Kumar Ghosh owned a Taxi cab and earned, according to the allegation in the petition, a net income of Rs. 300/- per month. On 7-11-65 at about 7 p. m. when the traffic red signal was on, he was crossing the road at the junction of Dr. Abani Dutt Road and Maulana Abul Kalam Ajad Road, Salkia, Howrah. At that time a Motor lorry No. WBL 8542 fully loaded with sand and driven rashly and negligently, knocked down and ran him over. He was immediately removed to the hospital but ultimately died at about 9 p. m. that very night consequent to the injuries received. The victim was aged 45 years with sound health. His wife Sm. Gitarani filed a claim for self and on behalf of the two minor sons to the rune of Rs. 1,10,000/ -. The deceased left these three persons as the only heirs of his.

( 3 ) BEFORE the Tribunal, the owner of the lorry, Bansilal Roy, the Vanguard Insurance Company Limited of 12-A, Netaji Subhas Road, Calc