B. K. PATRA, J.

( 1 ) A taxi bearing registration No. ORS 5336 belonging to one Golam Bari and being driven by the latter's driver met with an accident at about 4. 15 a. m. on 16-31968 while it was proceeding from Jharsuguda to Sambalpur. At the time of the accident, there were two passengers in the car --one Kanakalata Misra a lady aged about 52 years and her son Puma Chandra Misra. As a result of the accident, both the passengers were injured the lady having sustained very severe injuries. They were admitted in the Burla Medical College Hospital where the lady died at about 12 noon. It was alleged that the driver was driving the vehicle in a rash and negligent manner and dashed it against an electric Post. Respondents 1' and 2 the legal heirs of the deceased. Kanakalata thereafter filed an application under section 110 of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act)claiming compensation of Rupees 42,200/- on account of the death of their mother kankalata. Gulam Bari respondent No. 3 who was the owner of the motor vehicle was impleaded as opposite party No. 1. The South India Insurance company. Limited (hereinafter referred to as the Company) with which the t