JUDGMENT

V. Gopala Gowda, C.J.

1. Aggrieved by the judgment dated 4.1.1994 passed by the Second Motor Accident Claims Tribunal (SD). Berhampur in M.A.C. No.397 of 1991, dismissing the claim filed by the claimants, the present appeal has been filed by the claimants seeking for allowing the appeal and awarding just and reasonable compensation, urging various facts and grounds.

2. In the impugned judgment, the undisputed facts have been adverted. Therefore, there is no need for this Court to repeat the same in this judgment.

On 15th October, 1991 at about 12 noon while the husband of the first claimant-deceased Niranjan Behera was coming from Karachuli to his village Biranchipur on a cycle in his left side, the Truck bearing registration number OAG 1830 being driven in a rash and negligent manner came from his behind and knocked him down on the road in between Karachuli and Baghua, as a result of which he sustained severe bodily injuries. Immediately he was admitted in the hospital and in spite of treatment, he succumbed to the injuries. Hence the claim petition was filed by his wife and children.

3. The respondents filed joint written statement denying the averments made in the claim pet