( 1 ) THE special civil application No. 261/67 and the civil revision application No. 227/67 are both concerned with a claim arising out of the same accident called by a motor vehicle and as they raise identical questions and have been argued together they are being disposed of by a common judgment.

( 2 ) THE material facts are these. One Miss Zarin Rustomji Munshi is the petitioner in both the cases. She was studying in M. Sayajirao University Baroda when while she was proceeding on the university road also known as the national highway road on her bicycle on 6-2-1963 at scout 8. 50 A. M. she was knocked down by a motor truck No. GTA 5429. That truck was driven by one Santubhai Manibhai Patel who is respondent No. 1 in both the cases. The truck belonged to one Bhupendra Chunilal Patel who is respondent No. 2 in both the cases. Respondent No. 3 in the special civil application is the Universal Fire and General Insurance Company. That Company is not made a party to the civil revision application. After the accident because of the serious injuries sustained by the petitioner she was removed to the hospital and was an indoor patient upto 26-2-1964. After her discharge