Judgment

P. S. KAILASAM J.:- This appeal is by special leave granted by this Court to Bishan Devi widow of late Bhagwan Das and her four children against the judgment and order dated 7th Dec. 1967 of the High Court of Punjab & Haryana dismissing the Claimants F. A. O. No. 10 of 1962 against the award of Punjab Motor Accidents Claims Tribunal, Chandigarh, dismissing their claim.

2. The appellants filed a petition on 4th September, 1961 before the Chairman, Motor Accidents Claims Tribunal Punjab, Chandigarh, alleging that the husband of the first appellant died by having been run over by a lorry at mid-night between the 8th and 9th July, 1961, at about a distance of 60 feet from the road. It was alleged that the truck was coming from Jullundur and it took a sudden turn and ran over the first appellants husband, Shri Bhagwan Das, and that it was being driven in a rash and negligent manner. The appellants 2 to 5 were the minor children of the first appellant, all of them being below 11 years of age on the date of the filling of the petition. It was alleged that the monthly income of the deceased was Rs. 109/- per month and a claim was made for Rs. 50,000 as compensation.

3. The respondent