BEHARI LAL HARI CHAND KHATRI Vs. SURINDER SINGH

JUDGEMENT

(1.) THIS is an appeal of Behari Lal against whom and two other defendants a decree for recovery of Rs. 5,000 as damages has been awarded by the subordinate Judge, Amritsar and affirmed to appeal by the learned Additional district Judge.

(2.) THE facts as found by the Courts before and on which there is no dispute are briefly these: Track No. PNJ1978 belonging to the appellant Behari Lal was being driven on Amritsar-Verka road on 23rd November, 1954, when it struck Gajjan singh walking on the payment. As a result of this accident Gajjan Singh died and his lead representatives brought a suit for recovery of Rs. 5,000 as damages by way of compensation. At the time of the accident the truck was being driven by teja Singh defendant No. 3 who was a cleaner of the Vehicle. The driver of the vehicle Anant Ram defendant No. 2 was sitting in the front seat next to Teja singh. The cleaner Teja Singh was obviously an inexperienced hand and the evidence which has been accepted by the Court below leaves no manner of doubt that the accident took place a result of rash and negligent driving.

(3.) MR. Satish Chand Sibal the learned counsel for the defendant appellant very rightly did not challenge the concurrent findings of the Court below that Teja Singh was driving the truck negligently. Both the Court below on the compendious single issue framed in the case "to what amount of damages is the plaintiff entitled and against whom?" have returned the finding that the owner of the truck being liable for the tortious acts of his servants should pay damages of Rs. 5,000 to the surviving descendants of Gajjan Singh deceased.