B.K. Ray, J. - (1.)THIS appeal is directed against the award of the 2nd Motor Accidents Claims Tribunal, Cuttack granting compensation of Rs. 22,000/ - with interest at the rate of 6 per cent per annum with effect from the date of application till the date of payment with costs of Rs. 200/ - to the Respondents on account of the death of Isrial Khan in a motor accident against the State Transport Service represented by its Director, the original Appellant in the present appeal. During the pendency of this appeal the State Transport Service having been converted to a corporation represented by the General Manager, Orissa State Road Transport Corporation, the latter has been substituted in place of the Director and has been permitted to continue the appeal. Hence the General Manager, Orissa State Road Transport Corporation is the present Appellant.
(2.)THE case of the Respondents before the Tribunal was as follows: Isrial Khan, a constable, was returning from the S.C.B. Medical College Hospital on a bicycle On 5.7.73 at about 4.30 p.m. after coming out of the hospital compound through its main gate to the main road. While he was going on the cycle on the left side of the road the motor bus bearing registration No. ORU ?64 coming from behind in a most rash and negligent manner without blowing horn dashed against the cyclist who fell down on the road and got seriously injured. Isrial Khan was thereafter removed to the hospital where he succumbed to his injuries on 10.7.73. On the date of accident Isrial was getting a pay of Rs. 193/ - per month and had future prospects of promotion. The Respondents used to be maintained by Isrial. So, by the death of Isrial the Respondents sustained a loss of Rs. 45,0007 -which the Appellant was bound to pay.
On these allegations the Respondents filed a claim petition under Section 110A of the Motor Vehicles Act before the Motor Accidents Claims Tribunal.

The Appellant before the Tribunal registered the claim of the Respondents by saying that there was absolutely no rashness or negligence on the part of the driver of the motor bus who was driving it at the time it got involved in the accident; that the driver was all along blowing horn ; that the bus was moving in a normal speed at the relevant time and that the accident occurred because Isrial who was going in front of the bus on his cycle on the left side of the road suddenly changed side and wanted to go to the right side of the road when the bus was at a short distance from him, and so, inspite of the driver of the bus applying brake Isrial dashed against the bus with his cycle getting himself injured.

(3.)AFTER enquiry the Tribunal held that the accident resulting in the death of Isrial was due to the rash and negligent manner of driving of the bus and the Respondents were entitled to be compensated to the tune of Rs. 22,000/ - with interest and costs as mentioned above.
' Hence the present appeal.