ARIJIT PASAYAT, J.

( 1 ) IN this appeal by the unfortunate parents of one Laxmidhax Rana who lost his life on 30-1-1983, a very interesting point of seminal importance is involved. According to them, the deceased and some other labourers went in a truck bearing Registration No. OSC 4871 belonging to Gangadhar Swain and Jagannath Swain (respondents 1 and 2 in this appeal) to load wooden logs at Nrutang. After loading the truck with logs, the deceased was standing on the left side of the road and at that time the driver of the truck suddenly started the vehicle without using its horn and/or without focussing the light, and dashed against the deceased. As a result of the impact, the deceased fell down on the road and left wheel of the truck ran over him. In a serious condition he was removed to Mahanga P. H. C. for treatment but succumbed to the injuries on the way to the hospital. The accident, according to the claimants, was caused due to rash and negligent driving of the vehicle. The owners of the truck appeared and filed written statement denying the allegation of rash and negligent driving of the truck by its driver. The United India Insurance Company Ltd. , (hereinafter referred