B.K. Ray, J. - (1.)THIS appeal is against the judgment of the 2nd Motor Accidents Claims Tribunal, Puri, awarding a sum of Rs. 55,182/ - towards compensation to the claimants in a claim case under the Motor Vehicles Act (hereinafter called the 'Act') with interest and costs at the instance of the State. As per the direction of the Tribunal, the father of the deceased is to get half of the compensation amount with interest and consolidated costs of Rs. 400/ - for himself, on behalf of his father who is the grandfather of the deceased and the mother of the deceased while the wife of the deceased for herself and for her three minor children is to receive the remaining half of the compensation amount with interest thereon with consolidated costs of Rs. 400/ -.
(2.)ACCORDING to the case of the claimants who are the Respondents in the present appeal, an accident took place on 27.12.72 at about 7.00 p.m. near Alanda Chhak on the Nimapara -Pipili road when the deceased while going on his motor cycle bearing registration No. ORU 938 dashed against the truck ORP 1412 belonging to the Irrigation and Power Department of the State Government, the Appellant. According to the Respondents, the deceased was a political and social worker and Sarpanch of Patasundarpur Gram Panchayat. He had business in timber, food grains, beat and was the proprietor of an opera party. His monthly income was about Rs. 1,000/ - to Rs. 1,500/ - out of which he was spending about Rs. 5/ - per day towards his own expenses and contributing the balance for the maintenance of his family, the Respondents.
The case of the Appellant was that the driver of the Government vehicle was not guilty of rashness or negligence. The accident was due solely to the negligence on the part of the deceased in driving the motor cycle and hence the Appellant was not liable to pay any compensation.

(3.)THE Tribunal held that the driver of the truck was guilty of rashness and negligence and on the basis of the evidence adduced on behalf of the Respondents came to the conclusion that the latter were entitled to compensation of Rs. 55,182/ - with interest and costs as stated earlier. According to the Tribunal, the mother, father and grandfather of the deceased were together entitled to half of the compensation money and the wife and the three minor children of the deceased were entitled to the remaining half thereof.