JUDGMENT :

B.K. Patra, J. - On 28.8 1961, while one Arakhita Sahu with his two grandsons was going from Bhubaneswar Railway Station towards Bhubaneswar old town on a rickshaw, the truck ORP. 851 which stands registered in the name of one Hansaraj Nurala (Respondent No. 3 ) and was being driven by one Sujan Singh and which was coming from New Capital and proceeding towards Cuttack dashed against the rickshaw at the turning near Kalpana Talkies as a result of which the two children were thrown out from the rickshaw and received some injuries and Arakhit Sahu fell down and was run over by the truck. The right front wheel of the truck ran over the head of Arakhita Sahu completely crushing the skull resulting in his instantaneous death. The truck was insured with the Orissa Cooperative Insurance Society, Ltd, Cuttack (Appellant). Bhagaban Sahu, the son of the deceased representing joint family filed an application u/s 110-A of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) before the Motor Accidents Claims Tribunal, Puri claiming Rs. 40,000/- as compensation. Besides the Insurance Company and Hansraj Nurala, he also added one Mahendra Singh as an opposite party as the