The standard of care required of children in cases of contributory negligence is lower than that required of adults.

1. F.A.O. Nos. 160 and 161 of 1963 arise out of common facts, which may be set out as under :

On the 14th November, 1961, some school children, including Swaran Kaur (aged 10 years) and Gurmit Kaur, (aged 13 years) accompanied by their Headmistress, Shakuntla Devi, went to Gurdaspur to attend Childrens day celebrations. After attending this function, they proceeded to their village in a bus. At about 3 P.M., the bus stopped on the roadside at village Gurdas Nangal Bus-stand. All the children, together with their Headmistress Shakuntla Devi, alighted from the bus on the left side of the road. They went towards the rear of the vehicle and wanted to cross the road. Another truck No. PNA-4997 driven at high speed by Kartar Singh came from Dhariwal side and knocked down the two children, Swaran Kaur and Gurmit Kaur and caused them injuries. Jasbir Kaur another child also out of fear fell down. After knocking down the children, the truck stopped at some distance from the scene of the accident. The injured were removed to the Civil Hospital, Gurdaspur, and were medically examined. A.S.I. Bidhi Chand reached the Hospital and recorded the statement of Shakuntla Devi, and sent the same to the Police Station, on the basis of which a case was registered under sections 337/338/279 of the Indian Penal Code, against Kartar Singh. After investigation, the Police ehallaned him for trial in the Court of Shri N.K. Garg, Magistrate I Class, Gurdaspur, who convicted him under section 338, Indian Penal Code, and sentenced him to 6 months rigorous imprisonment and a fine of Rs. 200/-. It was also ordered that out of the fine, if realised, Rs. 50/- each will be paid to Swaran Kaur and Gurmit Kaur injured. The appeal of the convict was dismissed by the Sessions Judge, Gurdaspur, with the modification that the sentence of imprisonment was remitted.

2. Swaran Kaur and Gurmit Kaur injured made applications Nos. 14 and 15 of 1962 before the Motor Accidents Claims Tribunal, Punjab, for compensation. Both these cases were consolidated by the Tribunal and tried together on these issues :

1. Whether the accident was due to the negligence of the driver of PNA-4997 in which Gurmit Kaur and Swaran Kaur received injuries.

2. What is the quantum of compensation due if any and from whom to whom ?

3. He decided these issues in favour of the applicants, and, in the result, awarded Rs. 3,335/- with half of the costs of the case to Gurmit Kaur, and Rs. 2760/- with half of the costs of the case to Swaran Kaur, and directed, by virtue of section 96 of the Motor Vehicles Act, that the amount of compensation with costs be paid by the Ruby General Insurance Co., Ltd. 21, Daryaganj, Delhi, within 3 months from the date of the award, failing which it would bear interest at 6 percent per annum. It was added that the payment shall, however, be made to Mr. Gurbax Singh, father of Gurmit Kaur minor, and Mr. Rabinder Singh, father and next friend of Swaran Kaur minor. Against that judgment, the Amritsar Transport Company Ltd., and the Ruby General Insurance Company Ltd., have preferred these two appeals, which shall be disposed of by this judgment.

4. With the aid of Mr. R.C. Dogra, I have gone through the record. The main contention of Mr. Dogra is, that the accident in which the minor girls, Gurmit Kaur and Swaran Kaur received injuries was totally due to the negligence of the victims. It is emphasised that when the injured alighted from the bus, they were duty-bound to make sure that the road was clear. It is argued that the evidence shows that a cloud of dust had been raised when the bus bringing the injured children stopped. The result was that Kartar Singh, driver of truck No. PNA-4997 could not have reasonably anticipated that the children would be crossing the road in that negligent manner. In the alternative, it is urged that even if there was contributory negligence on the part of Kartar Singh driver, then also the injured were not entitled to any compensation, b