Jasbir Singh, J. - (1.) This judgment will dispose of F.A.O. No. 729 of 1992, filed by M/s United India Insurance Co. Ltd., Hisar, insurer of truck No. HYR 1725, and also Cross -objections, filed by owner and driver of the four wheeler No. HYJ 7379. For facility of dictating judgment, facts are being mentioned from the appeal, referred to above.
(2.) Respondents No. 1 to 6/ claimants filed an application, claiming compensation on account of death of Shri Tek Ram in a motor accident on November 7, 1990. It was their case that Tek Ram deceased had agreed to sell two buffaloes to Madan Lal of Rohtak. He was going in a four wheeler No. HYJ 7379 from village Darodi to Rohtak to deliver those buffaloes. Being owner, the deceased was sitting by the side of the Driver, in the four wheeler. When they reached near village Khatakar, then truck bearing No. HYR 1725, driven by respondent No. 7 and owned by respondent No. 8, came at a fast speed and after coming on the wrong side, hit rear side of the four wheeler, as a result of which Tek Ram received fatal injuries and died thereafter. It was further stated by them that an FIR was got recorded against respondent No. 7 for causing the above said accident. The claimants put up their claim to get compensation against Drivers, Owners and Insurance Companies of the above said two vehicles.
(3.) Upon notice, respondents No. 7 and 8, in their written - statement, tried to shift the blame, in causing the accident, upon driver of the four wheeler. It was pleaded by respondent No. 7 that he was driving the truck at a very slow speed and it was Driver of the four wheeler, who, by driving the vehicle in a rash and negligent manner, had hit the front (driver's window) side of his truck. He further stated that he had stopped the truck at a distance of 7 to 9 Karams.;