This appeal is under Section 110-D of the Motor Vehicles Act 1939 (herein after referred to as the Act) by the insurer and is directed against the award of the Motor Accident Claims Tribunal, Jorhat in Motor Accident Case No.87 of 1968. The facts of the case, briefly, are :

Gajendra Roy, deceased, was working as a Yard-master of the Assam State Transport at Jorhat at a monthly wage of Rs.235/-. On 6-3-66 at night, while he was returning home by the Trunk road, he was knocked down by vehicle Number ASJ 7021 coming from the western side of the Jorhat town. Gajendra Roy died instantaneously at the spot. The vehicle was owned by opposite party Number 1, Bhagwandas Bawri of Assam Travels Private Limited, Jorhat. The police was informed over the phone. A G. D. entry was made by the police of the thana. Police visited the spot and took up investigation and seized the vehicle in front of Assam Travels, Jorhat. The claimant is the widow of Gajendra Roy and she has claimed Rs.75,000/- against opposite party No.1 and also has made appellant who is the insurer, opposite party No.2 in her application.

2. The opposite parties filed written statements. They deny that the vehicle in questi