Judgement

P. K. MOHANTI, Actg., C. J.:- These two miscellaneous first appeals under Section 110-D of the Motor Vehicles Act, 1939 (to be referred to as the Act ) arise out of a common order of the Motor Vehicles Accidents Claims Tribunal (to be referred to as the Tribunal ). Puri fixing the liability of the insurer at Rs. 50,000/- out of the total compensation of Rs. 1,01,200/- and the owner of the goods vehicle bearing No. WGB 2835 for payment of the balance amount to respondents 1 to 7. The appellant in M. A. No. 54/77 is the insurer and the appellant in M. A. No. 58/77 is the owner of the vehicle. Respondents 1 to 7 in both the appeals are the claimants.

2. Respondents 1 to 7 filed an application under Section 110-A of the Act claiming compensation of Rs. 1,55,000/-for the death of one Radhashyam Gupta, the husband of respondent No. 1 and the father of respondents Nos. 2 to 7, arising out of a motor accident which took place on 9-12-73 while he (the deceased) was travelling in the said goods vehicle from Calcutta to Karanjia with his goods. The accident occurred at 9.30 p. m. on the Karanjia-Jasipur road near Kalikapur when the vehicle went off the road and dashed against a big Sa