JOGINDER KAUR Vs. THE PUNJAB STATE AND ORS.

JUDGEMENT

(1.) THIS is a Plaintiff's appeal filed against the judgment and decree of the senior Subordinate Judge, Ambala who on 25.7.1960 dismissed the Plaintiff's suit praying for the award of Rs. 10,000/ - as damages against the Defendants Respondents 1 to 3 because of the fatal accident caused by the collision of two vehicles in which the Plaintiff's son Ranjit Singh aged about nine years died.

(2.) THE case of the Plaintiff, who is the mother of the deceased boy and filed the suit in forma pauperis, is that on 4.8.1957 Police lorry No. PNJ -3387, owned by the State of Punjab Defendant Respondent No. 1 and driven by constable Sher Singh No. 3278 Defendant Respondent 3 at about 3.30 P.M. came at a fast speed from the Arya High School side in Ambala City and was just near the crossing when a Punjab Roadways bus No. PNE -4678, owned by the same Defendant Respondent, coming from the bus stand and driven at a terrific speed by Iqbal Singh Defendant Respondent No 2, collided against the back side of the Police lorry as a result whereof the latter turned turtle causing the death of Ranjit Singh who was grazing cattle nearby.

(3.) THE State of Punjab Defendant Respondent raised several objections in its written statement including some preliminary ones. It denied its responsibility for the tortious acts, if any, of its employees and that there was any negligence on the part of Defendants 2 and 3. It also pleaded that even these Defendants were not liable for damages.