S. N. Andley, C. J.

( 1 ) THIS appeal in forma pauperis has been filed by the appellant against the dismissal of her suit (also filed in forma pauperis) by the trial court by its judgment and decree dated July 27,1961. The suit was for recovery of a sum of Rs. 1,08,009. 00 as and by way of compensation for the death of the appellant s husband, Abhey Charan Malik, on November 24, 1956 as a result allegedly of his being run over by Truck No. DLD-5332 at about 5. 00 P. M. on Asaf Ali Road, New Delhi. The truck admittedly belonged to M/s. Mahalaxmi Stone Mills (respondent No. 1) and was being driven at the time of accident by Kartar Singh (Respondent No. 1 ). It was insured with the Premier Insurance Co. , Ltd. , New Delhi (Respondent No. 3 ).

( 2 ) THE case of the appellant was that Abhey Charan Malik, hereinafter referred to as "the deceased", was going on a cycle at Asaf Ali Road on the aforesaid date when the said truck came suddenly from behind from the side of Ram Lila Ground, Ajmere Gate, knocking down and running over the deceased as a result of which his ribs were broken and he sustained fatal injuries resulting in his death at Irwin Hospital at about 5. 40 P. M. on the said d

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