JUDGMENT :

P.M. Mukhi, J.

1. This is a First Appeal filed by Mrs. Gulabbai Damodar Tapse, Appellant (original Plaintiff), against the decision of the Second Joint Civil Judge, Senior Division, Poona, in Special Suit No. 73 of 1967 filed by her claiming therein Rs. 30,000 by way of damages for loss of pecuniary support by reason of the death of her husband Damodar Tapse in a motor accident which occurred on January 28, 1965. The Special Suit No. 73 of 1967 which was in forma pauperis was filed by her as the legal representative of her deceased husband against Peter K. Sunder, the driver of the vehicle, Puranbhau Khairave, the owner of the vehicle and the Motor Owners Insurance Co. Ltd. with which the vehicle in question was insured. The trial Court decreed the suit for Rs. 5,000 only with proportionate costs against Defendants Nos. 1 and 2 but the suit against Defendant No. 3 as the Insurance Company was dismissed without any order with regard to costs. It requires to be noticed that at the trial of the suit Defendant No. 1 the driver of the vehicle remained exparte. Defendant No. 2, the owner of the vehicle, appeared and was represented by an advocate but did not file any written sta