SADARAM KANHAIYA Vs. SOBHARAM SADARAM KALAR

JUDGEMENT

(1.) THIS first appeal has been filed by the defendants against whom a decree for damages has been passed by the 1st Civil Judge, Chhindwara.

(2.) ON 27-11-1954, a truck (bearing No. MFC 447) was being driven by appellant no. 1 Sadaram from Bamhori towards Bhajipani. The truck belonged to appellant no. 2. The Shaw Wallace and Co. Ltd. , Parasia. Appellant No. 3 is the Insurance company with which the truck was insured. Respondents are parents of Ramsingh who came under the truck while it was crossing a culvert. As a result, Ramsingh died.

(3.) THE plaintiffs' case was that the truck was driven rashly and negligently by sadaram at the time of the accident which resulted in the death of Ramsingh. They claimed Rs. 6,000/- as damages.