VIDYA DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The appellants have filed this appeal against the award, dated 12th April, 1978, of the Motor Accidents Claims Tribunal, Simla (hereinafter called the Tribunal).

(2.) The brief facts are that Ram Saran was travelling in truck No. HPS 1036 on 20th April, 1974, when this truck met with an accident near Chhots Simla on the Dhalli-Shoghi Road. Ram Saran died as a result of the accident and the present appellants are his legal heirs being the widow and the sons. The appellants filed a claim petition claiming a compensation of Rs. 1,00,000/- for the death of Ram Saran against the respondents on the allegations that Ram Dass (respondent No. 3) was driving the vehicle rashly and negligently and that the accident was caused on account of his rash and negligent driving. The truck was in the ownership of respondents 1 and 2 and Ram Dass (respondent No. 3) was employed as a driver by respondents 1 and 2.

(3.) The application of the appellants was contested by the respondents and on the pleadings of the parties the following issues were framed: