Muni Lal Verma, J. - (1.) THE material facts, which gave rise to this appeal and F.A.O. Nos. 297, 298 and 299 of 1971, may be briefly stated as under:
(2.) DEWAN Ranbir Singh was proceeding in his car No. PNE -8052 (hereinafter called the car) to Delhi on March 31, 1965. His driver -Parkash Chand was at its steering wheel. When the car had proceeded about 4 miles away from Karnal towards Delhi, Milk Tanker No. BMN -72 -A (hereinafter called the tanker) appeared from the opposite direction. It was being driven by Bhag Singh. The tanker went on the wrong side of the road and dashed into the car, as a result of which the car was driven towards the extreme left side of the road towards the culvert of the bridge and the tanker stopped after covering a distance of 20 feet on the wrong side of the road. As a result of the collision of the tanker with the car, the latter was smashed and Dewan Ranbir Singh as well as Parkash Chand driver sustained fatal injuries and died at the spot. Prem Parkash one of the three eye -witness, carried information about the aforesaid accident to Police Station Sadar Karnal. Head Constable Chanan Singh hurried to the scene of accident. He recorded the evidence of the other two eyewitnesses at the spot, took the tanker and the car into his possession, dispatched the dead -bodies to Civil Hospital, Karnal, for post -mortem examination and arrested Bhag Singh, who was later on prosecuted and was ultimately convicted and sentenced under Section 304 -A. Indian Penal Code, by the High Court. Brij Mohan Singh and Manmohan Singh, who are Appellants in F.A.O. No. 299 of 1971, claiming themselves to be the sons of Dewan Ranbir Singh, and Mrs. Dwarka Devi claiming herself to be the widow of Dewan Ranbir Singh, moved application on May 5, 1965, before the Motor Accident Claims Tribunal (hereinafter called the Tribunal), claiming Rs. 2,18,000 as compensation for the death of Dewan Ranbir Singh. It was averred by them that the accident resulting in his death was due to rash and negligent driving of the tanker by Bhag Singh, that the tanker belonged to the State of Punjab and that it was insured with the Indian Insurance Companies Association Pool, Bombay (hereinafter referred to as the Insurance Company). Mrs. Kaushalya Devi claiming to be the widow, Raj Kumari claiming to be the minor daughter, and Sandesh Chander claiming to be the minor son of Parkash Chand, who are Appellants in F.A.O. 298 of 1971, and Geeta Devi claiming to be minor daughter of Parkash Chand, moved application on May 5, 1965, before the Tribunal, claiming Rs. 1 lakh as compensation for the death of Parkash Chand on the identical averments as made by Brij Mohan Singh and others in their claim application, referred to above. Both these claim petitions were contested by the Punjab State and the other Respondents.
(3.) THE factum of the accident was admitted. The facts that Dewan Ranbir Singh and Parkash Chand had died in the accident; that Brij Mohan Singh and Manmohan Singh were the sons and Mrs. Dwarka Devi was the widow of Dewan Ranbir Singh; and that Mrs. Kaushalya Devi was the widow, Raj Kumari and Geeta Devi were the minor daughters and Sandesh Chander was the minor son of Parkash Chand, were not specifically denied.;