JUDGMENT

B. N. MAHAPATRA, J. — This appeal has been filed under Section 173 of M.V. Act against the award dated 18.9.2006 passed in Misc. Case No.623 of 2003 by the 1st Addl. District Judge-cum-Motor Accident Claims Tribunal, Cuttack.

2. The case of the claimant-petitioners is that on 02.07.2003 at about 7 P.M. while the deceased was travelling in a motorcycle from Bhubaneswar to Cuttack a truck bearing registra¬tion No.OAC-6786 came from Bhubaneswar side and dashed his motorcycle on N.H. 5 as a result of which the deceased sustained severe injury. Immediately thereafter the deceased was taken to S.C.B. Medical College and Hospital, Cuttack, in an unconscious stage. Then he was shifted to Kalinga Hospital, Bhubaneswar, where he succumbed to injury. The claimant’s case was that the accident was the outcome of rash and negligent driving of the driver of the offending truck. Being Superintendent of Excise, the deceased was earning Rs.25,000/- per month and contributing Rs.20,000/- to run his family. At the time of accident the de¬ceased was 44 years old.

3. On the above facts, the claimants claimed compensation of Rs.15,00,000/- from the owner and insurer of the offending vehi¬cle hol