RAM SARAN Vs. SHRIMATI SHAKUNTALA RAI

JUDGEMENT

(1.) In this appeal, we are concerned with claim for damages on account of death of Shri Om Dutt deceased alleged to have been caused by rash and negligent driving by Dr. Devinder Kumar, defendant-appellant No. 2, on 23rd April, 1957, at about 11 a. m. at Jullundur City.

(2.) The suit out of which the present appeal has arisen was instituted by Shrimati Shankutala Roy, wife of late Principal Om Dutt deceased, Bibi Anjula minor daughter and Pradeep Kumar minor son of the deceased Om Dutt, through their mother Shrimati Shankuntala Roy, against Dr. Ram Saran. father of Dr. Devinder Kumar, owner of car No. PNJ 6253, Dr. Devinder Kumar son of Dr. Ram Saran, the first defendant, and the New Asiatic Insurance Company Limited, with which Company the car was insured. It was alleged in the plaint that at about 11 a. m. on 23rd April, 1957. Shri Om Dutt deceased, who was at that time Principal of. the Dayanand Ayurvedic College, Jullundur City, was going on his bicycle on Grand Truhk Road from the city side towards the Dayanand Ayurvedic College. He was proceeding on his own side of the road and when he reached the junction of the Grand Trunk Road and the kacha path leading to the Mehr Chand Technical Institution, he gave a signal with his right) hand indicating that he was to turn to the right. After giving the signal, he actually turned to the right, but when he was in the middle of the road, defendant No. 2, Dr. Devider Kumar, came rashly and negligently driving car No. PNJ 6253 from behind at a very high speed and without caring to use the horn collided with the Cycle of the deceased, as a result of which both the cycle and the deceased were thrown on the bonnet of the car and the deceased further thrown on to the roof of the car and finally down on the road. Defendant No. 2, according to the plaint, did not care to apply brakes in order to control the car in time to avoid the accident. As a result of this rash and negligent act on the part of defendant No. 2, the deceased Om Dutt sustained grievous, serious and extensive injuries due to the said accident, and he died in the Civil Hospital, Jullundur City, at about 3 a. m. on 24th April, 1957, without regaining his consciousness.

(3.) It is further averred that the speed limit fixed for motor vehicles in the area where the collision took place, was 15 miles per hour. Defendant No. 2, Devinder Kumar, had, it is further pleaded, taken his driving licence on the 6th of February, 1957, presumably suggesting thereby that he was not very much experienced in driving car.