R. N. MISRA, J.

( 1 ) THIS is an appeal under Section 110-D (1) of the Motor Vehicles Act of 1939 (hereinafter referred to as the Act) against the award of the Motor Vehicles Claims tribunal, Balasore, dismissing the claim.

( 2 ) THE appellant happens to be the mother of one Subodh Mohapatra who was travelling on 15-2-69 in a jeep bearing registration No. O. R. C. 7586 from balasore to Soro. The claimant alleged that the vehicle was being driven rashly and at a considerable speed and while it was about 3 miles away from Soro at about 4 P. M. one of the rear tyres burst. The driver failed to control the vehicle and it ultimately went out of the road and capsized leading to the instantaneous death of Subodh. The jeep belongs to the respondent No. 1. An Oriya film "kie Kahara" was being exhibited at the Balasore Talkies during the material period. The Balasore Talkies arranged this jeep for the purpose of doing publicity work. Along with the driver and the cleaner the vehicle besides the publicity staff the deceased proceeded towards Soro on the National Highway. It is claimed that the deceased was working with the Panchasakha Pictures, the producers of the film, on a monthly salary