U.N.Sinha, J.

1. This appeal has been filed under the provisions of section 110D of the Motor Vehicles Act by the owner of a truck, which had hit a boy named Hemant Kumar Tewari alias Pandit on the 27th April, 1964, at about 6 p. m. as a result of which the boy died on the same day. An application for compensation was filed by the mother of the deceased, who is respondent no. 1. Respondent no. 2 is the insurance company which had insured the truck in question. The Tribunal has assessed the compensation at Rs. 10, 000/- which has been apportioned between the owner and the insurer. In view of the fact that the insurance policy had exonerated the insurer for a claim up to Rs. 5,000/- it has been held that the owner of the truck is liable to pay Rs. 5,000/- as compensation and the insurer the balance.

2. The case arose out of an application filed under section 110A of the Motor Vehicles Act by the mother of the deceased, on the allegation that while the boy, who was aged about 7-8 years, was standing in front of his house in Shri-Krishnanagar. Ranchi, he was run over by truck No. BRN 4148 belonging to the appellant, and after the boy was removed to the Sadar Hospital in unconsc