S.S. Sodhi, J. - (1.) ON August 21, 1980 at about 7 p.m., Hans Raj was proceeding towards Gurdaspur on the Amritsar -Pathankot Road, when truck HPK 1199 came from behind and ran him over.
(2.) THE claimants here are Mrs. Pushpa Devi, the widow of Hans Raj, deceased and their four minor children. The case as pleaded by the claimants was that Hans Raj, deceased, was travelling on his cycle from village Kothe Nabipur to Gurdaspur and when he reached the Amritsar -Pathankot road, the truck HPK 1199 came from behind from the side of Batala at a rash and negligent speed and struck into the deceased, whereby he came under the right front wheel thereof.
(3.) THE Respondents denied that the accident had taken place due to the rash and negligent driving of the truck driver. The plea put forth by them was 'the deceased had come in front of the truck just as the answering Respondent had by -passed the other truck'.;