P. C. MISRA, J.

( 1 ) THIS appeal arises out of the judgment of the Motor Accident Claims Tribunal, Dhenkanal in Motor Accident Claim Misc. Case No. 6 of 1974. The petitioners before the Tribunal were the widow and the children of deceased Bidura Behera who claimed a compensation under S. 110a of the Motor Vehicles Act.

( 2 ) THE case of the petitioners, in short, is that the deceased was working as a day labourer in loading and unloading bamboos in the truck bearing registration No. ORC/4925. On 13-5-74 at about 7. 00 p. m. , the deceased was proceeding to Hindol Road Railway Station depot in the truck to unload the bamboos. The truck had to pass through the western level crossing of the railway line and while going through the said level crossing a railway engine running without light and whistle dashed against the aforesaid truck as a consequence of which the truck was dragged on to a distance and resulted in instantaneous death of the deceased. It was claimed that at the relevant time, the deceased was 35 years old and was having a monthly income of Rs. 150/ -. A total compensation of Rs. 35,500/-was claimed deducting Rs. 500/- paid by the Railway to meet the funeral expenses