SHILA WANTI Vs. R H KISHORE CHAND

JUDGEMENT

(1.) This appeal. under clause 10 of the Letters Patent has been brought against the judgment of the learned single Judge dated June 3, 1977 whereby the appeal of the claimant. was dismissed as having abated.

(2.) Gian Chand Joshi. a clerk in the Railway Workshop Accounts Office, Amritsar, was run over by truck No. PNO 3442 and died on May 11, 1969. His widow. three minor children appellants and two major children respondent No. 5 and 6. filed this petition before the Tribunal alleging that the death of Gian Chand was caused by rash and negligent driving of the truck by Narain Singh. driver. and claimed Rs. 1.70.418.40 as compensation. Messrs Bal Bahadur Kishore Chand and Sons, a joint Hindu family concern, and Rai Bahadur Kishore Chand were named in the petition as owners and the Calcutta Insurance Co. Ltd., the insurer of the truck

(3.) Respondent Narain Singh, driver of the truck did not appear in spite of service and was proceeded ex Parte. The other three respondents opposed the petition and denied their liability. The Tribunal after recording evidence of the parties dismissed the petition against respondents Nos. 1, 2 and 3 as barred by time as they had been impleaded as parties after the expiry of the period for filing the claim-petition and against respondent No. 1 on the finding that neither he was employee of respondent No. 1 nor was driving the truck at the relevant time. On the question of compensation it was held that the deceased was equally negligent with the driver and that the pecuniary loss to the claimants was to the tune of Rs. 49,1631-. However. after making deduction on account of contributory negligence and other matters, the claimants were ultimately held entitled only to Rs. 1.7901-.