1. This judgment will dispose of two connected appeals filed against the order of the Motor Accidents Claims Tribunal, Punjab, passed on 8th March, 1968, whereby it awarded to Jaswant Kaur and her children a sum of Rs. 94,400/- as compensation for the loss by motor accident of the life of Gurcharan Singh husband of Jaswant Kaur appellant in F.A.O. No. 151 of 1968. The other appeal (F.A.O. No. 113 of 1968) has been filed by the State of Punjab against the award of the said amount.

2. Gurcharan Singh deceased was a Sub- Divisional Officer in the Public Works Department (Irrigation Branch) and on 6th October, 1966, at about 2/2-15 P.M. he was returning on a motor cycle to city Rupar after attending a meeting in the office of the Executive Engineer. When he reached the crossing of the two roads near the Court of the Sub Divisional Magistrate a milk van No. PNQ-641 owned by the Dairy Development Corporation, a State undertaking and driven by Ratti Ram respondent, came from the side of Canal Head Works and is alleged to have struck against the Motor cycle killing Gurcharan Singh on the spot. Before the van could stop it covered a distance of about 60 feet and the motor cycle was