( 1 ) A tempo ran over an old man. His pelvis bone was broken to pieces. He remained bed-ridden from the date of accident till he succumbed to his injuries. That is the claimant's case, who are the legal representatives of the deceased. The aged widow and his two sons and three daughters are arrayed as main respondents in this appeal. The appellants are theresome - the insurer, the owner and driver of the offending vehicle. The trio have made a valiant effort to sail in the same boat in this Court with the hope that they may cross the ocean and sink under the boat the liability accrued under the award.

( 2 ) TWO very important questions of law have surfaced in this appeal for my consideration and decision. Therefore, I would like to place on record my appreciation of the assistance received from the counsel on both sides, who had been given time liberally, almost two hours, to argue their respective cases. I have also told them that even as I am dictating the judgement, if anything strikes them, it would be open to them to ventilate the same for my consideration.

( 3 ) FIRST point first, because it concerns the maintainability of the appeal, Shri J. P. Gupta, who app