JUDGMENT :

S. Chatterji, A.C.J.

1. The present A. H. 0: is at the instance of the unfortunate parents who have lost their son as their claim application was dismissed by the Tribunal and the judgment being affirmed by the learned single Judge of this Court.

2. It transpires from the materials on record that one Laxmidhar Rana lost his life on 30-1-1933. It transpires further that the deceased and some other labourers went in a truck bearing Registration No. OSC 4871 belonging to Gangadhar Swain and Jagannath Swain being Respondents 1 and 2 in Misc. Appeal No. 346 of 1989 to load wooden logs at Nrutang. After loading the truck the deceased was, standing on the left side of the road and at that time the driver of the truck suddenly started the vehicle without using its horn and/or without focussing the light and dashed against the deceased. The claim petition was filed before the M. A. C. T., Cuttack being Misc. Case No. 212 of 1983.

3. The " ribunal framed there issues as follows :

(i) If the death of Laxmidhar Rana was due to the rash and negligent driving of the vehicle OSC 4871 by its driver ?

(ii) If the claimants are entitled to get any compensation, if so, to what extent and from wh