PADMADEVI Vs. GURBAKSHSINGH

JUDGEMENT

(1.) THIS is a plaintiffs' appeal, whose suit for damages has been decreed against respondents Nos. 1 and 5 only, seeking a decree against respondents Nos. 2, 3 and 4 as well.

(2.) ONE Manakchand, who was a lower division clerk in the office of the Assistant director of Industries, Jaipur, was coming from his office on 11-10-1960 at about 5. 30 p. m. and going towards Ajmeri Gate on Mirza Ismail Road, was struck by truck No. RJD-672, driven by Gurbaksh Singh, defendant-respondent No. 1. This accident took place near the Show Room of Globe Motors, on the Mirza Ismail road, Jaipur. As a result of this accident Manakchand sustained injuries and he died on the spot soon after. The deceased was 30 years' old and was drawing Rs. 110 p. m. He was survived by his widow Mst. Padma Devi, plaintiff No. 1, his son tarachand, plaintiff No. 2 and three daughters, plaintiffs Nos. 3, 4 and 5. They claimed damages on account of the death of Manakchand in a sum of Rs. 20,000/, from Gurbaksh Singh, driver of the truck, Har-charan Lal, defendant No. 2, (owner of the truck) and the New India Insurance Company Ltd. , defendant No. 4. Since the plaintiffs were informed that the truck had been transferred prior to the date of the accident to Sardar Brijendra Singh under a hire-purchase agreement with Narula Finance Company, they also impleaded the said company as defendant no. 3 and the alleged transferee as defendant No. 5 and a decree was claimed against them as well.

(3.) GURBAKSH Singh did not put in appearance and the case proceeded against him ex parte.