1. - Brief facts of the case are that on September 2, 1969, Kulwant Singh (deceased) was going on scooter at about 2.30 p.m. from Moti Doongri Road towards Police Memorial in Jaipur City and as soon as he reached near Police Memorial one truck No. R.J.R. 2825 struck the scooter. On account of the accident Kulwant Singh fell down and received serious injuries. Kulwant Singh was admitted in SMS hospital and after remaining there for 26 days he succumbed to the injuries. Smt. Mahendra Kaur w/o Kulwant Singh and 7 daughters filed a claim petition on October 31, 1969 claiming a sum of Rs. 2 22,300/-. It was alleged in the petition that Kulwant Singh was carrying on transport business and was earning Rs. 1,000/- p.m. An amount of Rs. 200 has been spent by Kulwant Singh on himself and the rest used to be spent on the claimants. Shri Kulwant Singh at the time of accident was 45 years old.

2. The claim petition was contested by Shri Shaukat-Ali owner of the truck, Amir Shah driver of the truck as well as by the Northern India Genegal Insurance Company Ltd., insurer of the truck. The tribunal framed the following issues on the basis of the pleadings of the parties:

1. Whether the acci