R. N. MISRA, J.

( 1 ) THESE are appeals under the Letters Patent read with the Orissa High Court Order directed against the common appellate decision of B. K. Ray, J. under Section 110-D of the M. V. Act rendered in Miscellaneous Appeals Nos. 148 and 181 of 1974.

( 2 ) ON 12-7-1973 at about 3. 30 P. M. one Niranjan Senapati, a Class IV employee in the Establishment of the Gold Controller was knocked down while coming on bicycle on the Link Road within the town of Cuttack by a motor truck bearing registration number ORU 5905, Niranjan succumbed to the injuries while attempts were being made to take him to the hospital. His dependants filed a claim under Section 110-A of the M. V. Act asking for compensation of Rs. 40,000/ -. They im-pleaded the owner of the truck as also the Insurer thereof as respondents. It was pleaded that at the time of death, Niranjan was getting a monthly salary of Rs. 157/ -. He was aged about 30 and his contribution to the family was above Rs. 90/-per month. Niranjan's dependents happen to be the mother, the widow and a son.

( 3 ) RESPONDENT No. 1, the owner, filed a Written statement denying that his truck had caused the accident. He also denied all othe