The unsuccessful petitioners before the Additional Motor Accidents Claims Tribunal, Madras (Court of Small Causes, Madras) are the applicants.

2. One Heera Bai, the wife of the first appellant and mother of appellants 2 to 4, sustained a minor injury on her left foot on 4-6-1967 due to being knocked down by the first respondent's car. But unfortunately, she developed tetanus despite receiving medical attention at the Government Royapettah Hospital for the injury and died on 22-6-1967. The appellants alleged that the accident was due to the negligent driving of the car by the first respondent and claimed a compensation of Rs. 10,000. The second respondent was impleaded a party as it happened to be the insurer of the vehicle.

3. The first respondent resisted the claim and contended firstly, that the accident was not due to any negligence on his part, secondly, that the death of Heera Bai was not due to the injury sustained by her in the accident but due to novus actus interveniens and thirdly, the compensation claimed was excessive.

4. The second respondent contended that the policy of insurance granted by it in respect of the car and was in favour of one Radhakrishnan Pai,