N.L.Untwalia, J.

1. These two appeals arise out of an order passed by the Claims Tribunal under Sec.110B of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act). Misc. Appeal 313/65 has been filed by one Champa Banerjee and Misc. Appeal 314/65 by one Chinmoy Kumar Niyogi, both against a common award made by the Tribunal.

2. It is said that on the 6th of May, 1964 at about 7-30 p.m. one Mrs. Aloka Niyogi, wife of appellant Chinmoy Kumar Niyogi, along with her son Abhijit Niyogi and a neighbours daughter Kumari Champa Banerjee, was going on a rickshaw on the Circular Road near the office of the Superintendent of Police at Ranchi, when a truck belonging to respondent No. 1 came in high speed from the opposite direction without blowing any horn and without proper lights and dashed against the rickshaw with the result that Aloka Niyogi was thrown on the road and carne under the rear wheel of the truck leading ultimately to her death; Champa Banerjee was thrown by her side and sustained some injuries and Abhijit Niyogi was thrown off into a drain away from the road and also sustained injuries.

3. Claim petitions under Sec.100A of the Act were filed by the two injured