DWARKA PRASAD AGARWAL Vs. SAMRATH SINGH

JUDGEMENT

(1.) THIS order shall also dispose of Miscellaneous Appeal No. 73 of 1973 (Samrathsingh and Ors. v. Dwarka Prasad and 4 Ors.) preferred by the claimants.

(2.) ONE Durgsingh was a victim of a motor vehicle accident that took place on Chanderi-Shivpuri road on 8.8.1968 between 4 to 5 a.m. It was not disputed that the motor vehicle, a goods-truck, bearing No. M.P.G. 4912, belonged to appellant-Dwarka Prasad, a partner of the firm Radhakishan Shyamlal. On the fateful day, it was driven by respondent Fadali. It is not disputed now that at the time of the accident, deceased Durgsingh was sleeping on the main road and had covered himself fully from head to toe with a blanket. The head lights of the truck were on when the deceased was run over. There is dispute on the point whether the driver blew the horn or not. The effect of this failure of the driver will be considered, if necessary, later.

(3.) THE relationship, on the basis of which claimants put forth their claim, was that the deceased Durgsingh's father and claimant Samrathsingh's father were real brothers. Durgsingh did not leave behind any nearer relative as he was a bachelor. His parents had died during his childhood and he was brought up by claimant Samrathsingh and his father.