These two appeals arise out of an order passed by the Motor Accidents claims Tribunal (District Judge) Tiruchirappalli awarding compensation in a sum of Rs. 5,000 to the appellant in C.M.A. No. 28 of 1963 who was involved in a accident caused by the lorry belonging to the first respondent, G. Veerappan, and which has been insured with the second respondent, Madras Motor and General Insurance Company Limited, Madras.

Appellant, Minor Ayesha Begum, aged about 5½ years, is the daughter of P.K. Mohamed Yusuf, residing at 105, East Bouleward Road, Tiruchirappalli. On 16th August, 1961 at about 1 p.m., while she was returning from her school, she was hit and injured by the lorry, MDY 3439. The actual incident was witnessed by P.W. 7, Subba Rao, who is keeping a betel-nut shop opposite to the Gosha Hospital, where the accident occurred. The evidence of P.W. 7 is that, when the child was proceeding to her house from the school keeping to the left side of the road, the lorry MDY 3439 came from south to north very fast without sounding the horn and hit the child by throwing her down. His evidence is that there was no other vehicle on the road at the time of the occurrence and that the