1. Appeal by plaintiffs.

2. The 1st plaintiff, a boy of 6 years sues, through his father and next friend the 2nd plaintiff, for damages for personal injuries sustained on noon, April 29,1956, when he was knocked down at Alwaye by the 1st defendant's lorry driven by the 2nd defendant. He was taken to the Alwaye Hospital and thence to the Bava Memorial Nursing Home, Ernakulam - he was unconscious even when he was taken to the Nursing Home - where he was treated for 56 days at a cost of Rs. 581 as 4 ps. 6. When at the Nursing Home a senior Doctor of the State Medical Service, Dr. A.K. Menon, was called in for consultation and was paid fee. Claiming Rs. 1000 also as general damages this suit is laid for Rs. 1681 as. 4 p. 6.

The 2nd defendant remained ex parte. The 1st defendant denied liability attributing negligence of the 1st plaintiff as the sole cause of the accident. Though the lorry had been insured with the State Insurance Department against third party risks, no information of the accident was given to it or even to the police by the defendants.

The evidence is that soon after 11.30 a. m. on the day of the accident, 20 to 25 boys from the nearby Arabic School gathered