This appeal relates to a claim for compensation instituted by the plaintiffs-respondents under the Fatal Accidents Act (Act 13 of 1855).

(2) On 17-11-1947, one Nalini Kanta Sarma while proceeding on the Assam Trunk Road from West to East was knocked down and run over from behind by a motor truck No. ASN. 382. The unfortunate man, as a result of the collision, receiv­ed serious injuries and the post mortem examina­tion showed amongst others that the upper part of the right half of the back and the contiguous part of the right parietal bone were fractured to pieces and there were also fractures of the 7th and 8th ribs of the right side at the level of angles. The left thigh bone was also completely fractured in the middle. The man fell in the drain on the left side of the road and died almost instan­taneously. The vehicle after passing over the poor victim swerved to the south and then turning to the north struck against a post and fell down in the road side ditch or 'nullah'. At the time of the accident, there were admittedly four occupants in the truck including the driver himself. This happened at about 12 or 12-30 P. M. in broad daylight when the Trunk Road was