JUDGMENT

A. S. NAIDU, J. : M.A.C.A. No. 806/2005 has been filed by the United India Insurance Co. Ltd. under Section 173 of the Motor Vehicles Act assailing the award dtd. 31st March, 2005 passed by the Second Motor Accident Claims Tribunal, Cuttack in Misc. Case No. 8/2003. The same judgment is also assailed by the claimants as appellants in M.A.C.A. No. 758/2005.

2. The facts and points of law involved in both these cases being same, with consent of learned counsel for the par¬ties, the same were heard together.

3. The scenario of facts reveals that on 31st December, 2002 one Laxmidhar Nayak was standing near Jankia Police Station in the district of Khurda on the left side of the road. At that juncture, a truck bearing Regn. No. OR-07-D-9691 driven in a rash and negligent manner came in a high speed and knocked him down. Consequently, he sustained serious injuries on the head and other parts of his body. He was moved to Khurda Hospital and then to Capital Hospital before he succumbed to the injuries. It is stated that the deceased was aged about 38 years and was working as a Farash in G.A. Department, Government of Orissa. It is further alleged that a sum of Rs. 30,000/- was spen