S. ACHARYA, J.

( 1 ) ONE Gobinda Ch. Rath (32 years old at the time of his death), an Assistant in the Orissa Secretariat, was working on deputation under National Mineral development Corporation (hereinafter referred to as the 'n. M. D. C. ') at kiriburu Iron Ore Project in the district of Keonjhar. He, on taking leave for a few days, was going from Kiriburu towards Barbil on 23-4-1966 in the jeep ERT 6477 belonging to the N. M. D. C. , the opposite party No. 1 in the court be lew. On the way said jeep collided with the truck ORJ 378 (belonging to the opposite party No. 2 in the court below) coming from the opposite direction. Due to the said accident Gobinda Chandra Rath was thrown out of the jeep, and he sustained several injuries on his person and died at the Tata Hospital at jamshedpur on 25-4-1966. His wife Binodini Rath, for herself and on behalf of her minor children filed an application for compensation under Section 110-A of the Motor Vehicles Act for the loss sustained by her and her children due to the death of her husband.

( 2 ) THE Tribunal has held that the accident took place due to the rashness and negligence of the drivers of both the jeep and the truck in equal