AMAR SINGH Vs. PRITAM KAUR

JUDGEMENT

(1.) The only point for decision in this appeal is whether the decree passed by the trial Court is in accordance with law.

(2.) It appears that on the night between 9th and 10th of March, 1956, one Jagir Singh was returning from Phagwara in his bullock-cart after unloading the sugarcane, when Truck No. P.N.A. 3297, which was driven by Gurnam Singh, defendant No. 1 came from behind and struck against the cart. This resulted in the instantaneous death of Jagir Singh. Alleging that this accident had occurred due to the rash and negligent driving of Gurnam Singh, Smt. Pritam Kaur, the widow and Harnek Singh, Gurkirat Singh and Makhan Singh, the three minor sons and Mst. Jagindra, the minor daughter, of Jagir Singh, brought a suit for the recovery of Rs. 20,000/- as damages. This suit was filed against Gurnam Singh, the driver and Amar Sing, defendant No. 2 the owner of the truck. This truck was insured with the Standard General Insurance Company Limited, Hall Bazar, Amritsar, for a sum of Rs. 20,000/- and a notice was spent to this company under Section 96(2) of the Motor Vehicles Act, 1939 , and the company was impleaded as defendant No. 3 in the suit. This case was tried and on 29th August, 1958 the plaintiffs were awarded a decree for Rs. 1200/- with proportionate costs. The concluding portion of the judgment of the trial Court is in the following words :-

(3.) It may be mentioned that the quantum of damages awarded by the trial Court has not been challenged before us. The only point raised by the learned counsel for the appellant is that the trial Court erred in law in order that the amount of the decree was to be recovered from defendants 1 and 2, in the first instance, and if the plaintiffs failed to recover the same from them they would be entitled to recover it from the insurance Company.