KALASAM, J. :- This appeal is filed by the Madras Motor and General Insurance Co. Ltd., against the order of the Motor Accidents Claims Tribunal, Madras, awarding a sum of Rs. 33,120, being the compensation-payable to the respondents due to the death of the husband of the first respondent and father of respondents 2 to 4.

2. The first respondent herein is the widow and respondents 2 to 4 are the minor children of the deceased Anandan, a railway-employee, who died in a traffic accident on 11-10-1968 at about 10-20 p.m. when he was knocked down and run over by a lorry MYD 2511 belonging to the first respondent before the Claims Tribunal. The owner of the vehicle entered appearance through advocates, but filed no counter. The counsel also did not appear at the trial stage to conduct the defence on behalf of the first respondent. The Insurance Company, the appellant herein, filed a counter raising the plea that the accident was solely due to the negligence on the part of the deceased and that it was not due to any rash or negligent driving of the lorry by its driver. Before the Tribunal P.Ws. 2 and 5 were examined as witnesses to the occurrence. According to P.W. 2, when she wa