DHARAM VIR Vs. KRISHNA DEVI AND ORS.

JUDGEMENT

(1.) THIS order will dispose of the appeal referred to above as also the cross -appeal F.A.O. No. 38 of 1977 (Krishna Devi v. Dharam Vir).

(2.) ON February 27, 1973, Hans Raj, the husband of the claimant, Krishna Devi was knocked down and run over by car DLI 7123. This accident took place on the Grand Trunk road between Ambala and Delhi. Hans Raj was going on his cycle when the car came from the opposite direction and hit into him.

(3.) THE only prayer in the appeal filed by Dharam Vir was that at the time of the accident, he was employed by Bhola Ram of Jai Hind Motor Workshop, Sonepat and the accident took place during the course of his employment with him and consequently the liability, if any, for this accident, was wholly that of the said Bhola Ram. Krishna Devi, on the other hand, in her appeal sought to fasten the liability for the amount awarded also upon Daya Nand, the owner of the car and the Respondent -insurance company. In other words, the controversy in this appeal is not with regard to the amount awarded which incidentally was the total amount claimed, but to the persons liable for payment thereof.