Judgment

MATHEW, J.:- This is an appeal, by special leave, against the judgment and decree of the High Court of Rajasthan, setting aside a decree for recovery of damages under the Fatal Accidents Act, 1855 (hereinafter referred to as the Act).

2. Navneetlal was a resident of Udaipur. He was in the employment of the State of Rajasthan and was, at the material time, working in the office of the Executive Engineer, Public Works Department. Bhilwara as a Store Keeper. In connection with the famine relief work undertaken by the department, he was required to proceed to Banswara. For that purpose, he boarded truck No. RJE - 131 owned by the department from Bhilwara on May 19, 1952 and reached Chittorgarh in the evening. Besides himself, there were Fateh Singh, Fundilal and Heera Singh, the driver, cleaner and a stranger in the truck. On May 20, 1952, they resumed the journey from Chittorgarh at about 11 A. M. and reached Pratapgarh in the same evening. The truck started from Pratapgarh to Banswara at about 10 A. M. on May 21, 1952. After having travelled for 4 miles from Pratapgarh, the engine of the truck caught fire. As soon as the fire was seen, the driver cautioned the occupants to jum