JUDGMENT :

G.B. Patnaik, J. - This is an appeal u/s 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against an award of the Second Motor Accidents Claims Tribunal, Cuttack, in Miscellaneous Case No. 178 of 1984.

2. The claimants had filed the application u/s 110-A of the Act claiming compensation to the tune of Rs. 1,30,000/-alleging that when the deceased was going on the road on the National Highway No. 5 on 2.2.1984, at 5.00 a.m., the offending truck bearing registration No. CSC 5480 knocked him down from his back side as a result of which the deceased sustained fatal injury. He was immediately removed to the S.C.B. Medical College Hospital, Cuttack, where he succumbed to the injury on the very same day at 6.00 p.m. It was averred in the claim petition that the deceased was earning Rs. 1,500/- per month and was contributing Rs. 1,000/- for the maintenance of the family. The claimants are the widow, the minor daughters and the widowed mother of the deceased.

3. The owner did not contest the proceeding, but the insurer contested the proceeding denying the allegations made in the claim petition. Even the insurer denied with regard to the insurance of the o