Bishan Narain, J.

1. Atma Ram died as a result of a running down accident and his widow and miner children (one son aged 4 and a daughter aged 5 1/2 years) filed a suit for the recovery of Rs. 50,000/- as compensation under the Fatal Accidents Act against Malik Chand the owner of the station wagon concerned and the Vanguard Fire and General Insurance Company, Limited with which the vehicle was insured. The trial court decreed the claim in full against both the defendants. Malik Chand did not file any appeal against this decree but the Insurance Company has filed this appeal.

2. The plaintiffs case is this. Atma Ram aged about 29 when going on a bicycle on 30th of August, 1950, some time between 10 and 11 P.M. was run down by a station wagon DLA: 1952 near the Ice Factory, Chowk Sabzi Mandi, Delhi. In this accident he received serious injuries. He was immediately removed to the Irwin Hospital where he died of the injuries on the night of 4th and 5th September, 1950. The accident was caused by the rash and negligent driving of Ishwar Dass, Driver of the vehicle which belonged to Malik Chand defendant in whose employment Ishwar Dass was.

The vehicle was insured with the appell