JUDGMENT:- The short question that arises for determination, in this appeal filed by Mahabir Prasad Agarwalla under Section 110-D of the Motor Vehicles Act, 1939, hereinafter called the Act, is whether the Motor Accidents Claims Tribunal, Dibrugarh, was justified in its conclusion, recorded in its award dated 10-1-1970, that the Commonwealth Assurance Company Ltd.. Calcutta, was not liable to pay any part of the compensation, adjudged at Rs.4,000/-, made payable to Jiban Chandra Hazarika in respect of the death of the latters son Girish Chandra Hazarika who died on 25-1-1967 in a truck accident.

2. According to the findings reached by the Tribunal the truck No.ASE-2239 belonging to Mahabir Prasad, the appellant herein, was hired by about 52 students, both boys and girls, for a picnic party. The truck was driven by a driver of Mahabir Prasad when on its return journey from Dillighat, where the picnic was enjoyed, to Moranhat, from where the truck was engaged, it turned turtle while negotiating a bend on account of rash and negligent driving. A number of students were thrown out of truck but the unlucky Girish Chandra Hazarika was buried under the truck and crushed to death a