( 1 ) ON 6. 4. 1976 at about 1. 45 p. m. a scooter was being driven by Krishan Lal Sawhney, along the Netaji Subhash Marg. He was proceeding from Darya Ganj side towards the Red Fort. The appellant Mahinder Singh was driving a mini bus DLP 5724 in the same direction as the scooter driven by K. L. Sawhney. The mini bus DLP 5724 hit the scooter driven by K. L. Sawhney from behind. After hitting the scooter the mini bus driven by the appellant Mahinder Singh, dragged the scooter, for a distance of about 50 to 70 feet.

( 2 ) AS a result of this collision, K. L. Sawhney died on the spot. K. L. Sawhney was an employee of the Life Insurance Corporation of India. He was a M. A. ,ll. B. and was, on the date of the collision, 47 years of age. A claim petition, under section 110-A of the Motor Vehicles Act was filed against the appellant Mahinder Singh, the driver of the mini bus DLP 5724; M/s. Upkar Singh and Sons, the owners of the vehicle; and M/s. New India Assurance Co. Ltd. , the insurer of the vehicle.

( 3 ) AS regards M/s. Upkar Singh and Sons, two addresses were given. One address was: 1488, Shyama Prasad Mukherjee Marg, behind Novelty Cinema, Delhi, and the other was