VAIDYA, J.:- The above First Appeal is filed by the Insurer M/s. Marine and General Insurance Co., Ltd., Appellant No.1, the insured owner of the motor lorry, bearing No. MRT 8615 Minu D. Mehta - Partner, Cawasji Behramji and Co., Appellant No.2 and the said partnership firm, Appellant No.3, under S.110-D of the Motor Vehicles Act, 1939, against the award passed against them in the sum of Rs. 1,43,400/- on an application for compensation made to the Tribunal by Respondent Dr. Balkrishna Ramchandra Nayan.

2. By the award a sum of Rupees 500/- was also awarded to Smt. Malati M. Deshmukh, nurse and a further sum of Rs. 1,000/- was awarded as costs to Dr. Nayan. It is not in dispute that the appeal filed by the Insurance Co. against the award passed in favour of Smt. Malati M. Deshmukh for Rs. 500/- and costs at Rs. 100/- has been dismissed summarily on August 14, 1975.

3. The award in favour of Dr. Nayan is challenged on two grounds by the appellants; Firstly, on the ground that the negligence on the part of the driver of the lorry was not established in the case by Dr. Nayan; and secondly on the ground that the quantum of damages was wrongly calculated as Rs. 1,400/- for nursi