(1.) This is a special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 against the judgment of the learned single Judge dated 30/10/1986.
(2.) On 24/06/1974, Rao Dheer Singh was going from Manoharpura to Shahpura in his car No. RJL 8207. The fuel exhausted abruptly, as a result the car was stopped by its driver. He went to Shahpura to bring the petrol. Rao Dheer Singh, its owner, remained sitting in the car. At about 1.00 A.M. truck No. RJR 6607 driven by Tara Chand rashly and negligently dashed against the standing car resulting in instantaneous death of Rao Dheer Singh.
(3.) On the above bedrock of facts, a claim petition was filed by his widow, two sons and daughters under the Motor Vehicles Act claiming Rs. 6 lacs against the owner of the truck No. RJR 6607 and the Oriental Insurance Company with which the car was insured.