BHAIYALAL GODRE Vs. RAJRANI

JUDGEMENT

(1.) The defendants 1 to 3 have appealed against the lower Court's decree for Rs. 5,500/- passed against them and defendant 4 for rashness and negligence of the defendant 4 in driving a motor truck, which resulted in the death of one Fakirchand.

(2.) The undisputed facts are these. On 4-8-1951, Fakirchand had engaged the motor truck No. 352 C.P.S. belonging to the defendants 1 to 3 for carrying stones from the quarry at village Atta to Sagar. It was understood that the truck would be driven by the defendant 4, a driver in the employ of the first 3 defendants. On the same day, at about midnight, when Fakirchand and his 3 coolies were also travelling on the truck laden with stones, it crossed a river called Mehar. Since the river was in spate, the force of water swept away the truck then driven by the defendant 4. As a consequence. Fakirchand and one cooly, by name Gyani, lost their lives.

(3.) The plaintiff No. 1 (21 years) is the widow of Fakirchand. The other two plaintiffs are his infant son (4 years) and daughter (2 years). They initiated this action for damages alleging that the defendant 4 crossed the bridge over river Mehar with great speed and despite all warning given by those, who were on the truck, not to cross the flooded river. They averred that since the defendant 4 was acting in the course of his employment and for the business of the defendants 1 to 3, they too were liable to pay damages. According to the plaintiffs Fakirchand was a young man aged 25 and was expected to the live long. He earned about Rs. 300/-per month. His premature death deprived his young widow and infant children of the only means of their support and sustenance. They, therefore, claimed Rs. 10,000/- as damages.