( 1 ) THIS appeal is directed against an award made in Motor Accident Claim Case No. 17 of 1964 by the Motor Accident Claims Tribunal at Howrah which is also the Tribunal for Calcutta and 24-Parganas. The claim was preferred by Maya Rani Chatterjee and her four minor children namely, Mamata Chatteriee, Shanti Dulal Chatterjee, Monoj Dulal Chatterjee and Brojo Dulal Chatteriee along with another child described as baby which minors were represented by their guardian mother Maya Rani Chatteriee. It was filed on 6th February, 1964 claiming compensation for the death of Maya Rani's husband Gopal Chandra Chatteriee as a result of an accident on the road north of Raja Subodh Mullick Square in Calcutta on 23rd June, 1963 at about 10 p. m. when the said Gopal Chandra Chatteriee was alleged to have been violently knocked down and run over by a Taxi Cab No. WET-1422 driven by Chandra Sekhar Misra who was an employee of the owner of the said taxi Pijush Kanti Ghosh.

( 2 ) IT was alleged that on 23rd June, 1963 at about 10 p. m. when Gopal Chandra was crossing that road from north to south the taxi car No. WET-1422 came from north to south along Nirmal Chandra Street and took