- (1.) THE appellant in this appeal is M/s. Premier Insurance Co. Ltd, which is a company registered under the Companies Act.
(2.) SRI Mano Ahmad was the owner of a motor truck No. UPC 6603 and SRI Manzoor was its driver. The vehicle was insured with the appellant. On 4th August, 1965 one Sri Ambresh Kumar elder son of plaintiff No.1, namely Smt. Vidyawati and the elder brother of the remaining plaintiff was going on his cycle on the left side of the Vivekanand Marg, formerly known as Hewette Road, Allahabad. The aforesaid truck was also passing that way and came from behind and dashed against Sri Ambresh Kumar Mathur, as a result of which he was knocked down from the cycle and received serious injuries to his person. His cycle was also badly damaged. Thereafter Sri Ambresh Kumar Mathur was taken to the Medical Hospital for treatment where he died as a result of the accident on 5th August, 1965. The plaintiffs alleged that the death was due to rashness and negligent driving of the said truck by defendant No. 2, who was driving the same while in the employment of defendant No. 1. As such, defendant, No. 1 is also liable for the damages suffered by the plaintiffs on account of the rash and negligent act of defendant No. 2. On account of the death of the deceased, the plaintiffs, who are his dependants and successors, have suffered a loss because at the time of his death the deceased was maintaining and supporting the plaintiffs. Hence the suit was filed for recovery of Rs. 20,000/- as damages. The suit has been decreed for a sum of Rs. 9,000/- as against the defendants. It has also been directed that the decree will be satisfied by the appellant.
(3.) BEFORE the trial court a preliminary objection was taken on behalf of the appellant to the maintainability of the suit. The accident had taken place on 4th Aug., 1965, and the deceased Sri Ambresh Kumar Mathur died on 5th Aug., 1965.;