JUDGMENT :

S.C. Mohapatra, J. - This is an insurer's appeal u/s 110-D of the Motor Vehicles Act, 1939 (for short 'the Act'). Quantum of liability of the insurer is the subject-matter of this appeal.

2. Deceased Sadhu Charan Behera was employed as helper in the truck bearing registration number OSC-5589 belonging to Respondent No. 1. Helper is otherwise known as cleaner. On 17-3-1979, the truck met with an accident resulting in the death of the helper Sadhu Charan who was one of the occupants in the truck.

3. On 7-7-1979, respondent No. 2, the widow of Sadhu Charan, filed an application before the Tribunal u/s 110-A of the Act claiming Rs. 40,000/- as compensation for herself and her three minor sons, who are admittedly dependants of the deceased under the Workmen's Compensation Act, 1923. The owner and the insurer both contested the claim.

4. The Tribunal found the death of Sadhu Charan to due to rash and negligent driving of the vehicle. While assessing the compensation payable to the dependants to be Rs. 66,323/-, it awarded Rs. 40,000/- claimed by the dependants.

5. Mr. S.S. Basu, the learned Counsel for the insurer-appellant, submitted that the liability of the insurer is limited on