1. Appellant, the United India Fire and General Insurance Co. Ltd. (the Insurance Company) which was the additional 3rd defendant in a suit for compensation has brought this appeal seeking reversal of the decree passed by the Additional Subordinate Judge, Trichur. The relevant facts out of which the appeal arises lie in a narrow compass and can be briefly stated.

2. One Surendran who is the son of the plaintiffs-respondents 1 and 2 was employed as a cleaner by the first defendant-3rd respondent in his lorry KLR. 6093 of which the second defendant-fourth respondent was the driver. On January 4,1973 at about 5 P. M. the lorry was involved in an accident at Ayakudi in Palani-Dindigal Road in the course of which Surendran sustained serious injuries leading to his death. The accident, according to the plaintiffs, was caused by the rash and negligent driving of the lorry by the second defendant He was prosecuted before the Sub Divisional Magistrate, Dindigal for the offence under S.304-A, Indian Penal Code, and on his plea of guilty he was convicted and sentenced to a fine of Rs 200/-with a default sentence of rigorous imprisonment for four months. The first plaintiff brought