U.N.Sinha, J.

1. This appeal has been filed by the insurer and it arises out of an application filed before the Claims Tribunal under the Motor Vehicles Act, 1939 (Act 4 of 1939), under Sec.110-A of the said Act. It appears that there was an accident on the 19th July, 1959, in which one Kokai Mandal, son of Ganesh Mandal and grandson of Foolchand Mandal, was run over by a truck numbered BRL 1323 at about 4.30 p. M. in village Dewalban, police station Jamtara, in the district of Santal Parganas. Kokai Mandal was aged 8 or 9 years and he was taken to the Jamtara Charitable Dispensary after the accident and he died there. The owner of the truck was Sri Radha Krishna Agarwal (respondent No. 4) and the vehicle was insured with the Insurance Company, which is the appellant in this court. An application dated the 27th October, 1959, made by Foolchand Mandal, grandfather of the deceased, was sent by post to the Claims Tribunal.

This was, received by the Claims Tribunal on the 29th October. It appears that in due course, another application was filed by Foolchand on the 17th August, 1961, which was a formal one, claiming compensation amounting to Ra. 6,000. Thereafter, another appli