JUDGMENT :

B.K. Patra, J. - The Appellant is the insurer of a truck bearing No. ORS 54 which was involved in an accident as a result of which Rahamatulla the driver of the truck died at the spot on 21.3.1962. Respondent No. 1 is the widow, Respondent No. 2 is the mother, Respondent No. 3 is the son and Respondents 4 and 5 are the daughters of the deceased driver and they filed an application u/s 110A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal, Sambalpur claiming compensation of Rs. 60,000/. from Harbansalal and Shankarlal (Respondents 6 and 7 respectively) who were the employers of the deceased driver, the Oriental Fire and General Insurance Company, Ltd. with which the truck was insured and the Governor of Orissa who is the owner of the State Transport Bus bearing No. ORS 2838 the driver of which by his negligence caused the accident which resulted in the death of Rahmatulla on 21.3.1962 while the truck ORS 54 loaded with timber was standing stationary on the left side of the road facing towards Sambalpur, the State Transport Bus ORS 2838 which was coming from the direction of Sambalpur collided with the truck in consequence of which Rahmattulla who was si