1. - This Special Appeal, under section 18 of the Rajasthan High Court Ordinance, is against the judgment dated August 21, 1984, passed by the learned single Judge of this court. This decision was passed in an appeal against the award of the Motor Accidents Claims Tribunal, Jaipur, in claim case No. 2 of 1978, decided on 14.12.1979.

2. The present appeal is by the owner and driver of truck No. HYB 426, which was involved in an accident and who have been made liable to pay the compensation to the heirs of the deceased alongwith respondent No. 4. the insurance company in the sum of Rs. 1,19,806/-. The liability of the insurance company has been fixed at Rs. 50,000/-. For the balance amount, the appellants have been held to he jointly and severally responsible.

3. The accident which gave rise to the present claim occurred on July 5, 1977, at about 9.30 p.m. on the Jaipur-Delhi National Highway near Amer. Truck No. HYB 426, driven by the appellant No. 2 was coming from Delhi to Jaipur and so also the car No. IIRI1 213. driven by deceased Raghunath Swaroop Bhatnagar. Being the month of July. it was a rainy day and at 9.30 p.m. it was quite dark. At the time of accident, it was ra