I.D.Dua, J.

1. In this appeal, we are concerned with claim for damages on account of death of Shri Om Dutt deceased alleged to have been caused by rash and negligent driving by Dr. Devinder Kumar, defendant-appellant No. 2, on 23rd April, 1957, at about 11 a. m. at Jullundur City.

2. The suit out of which the present appeal has arisen was instituted by Shrimati Shankutala Roy, wife of late Principal Om Dutt deceased, Bibi Anjula minor daughter and Pradeep Kumar minor son of the deceased Om Dutt, through their mother Shrimati Shankuntala Roy, against Dr. Ram Saran. father of Dr. Devinder Kumar, owner of car No. PNJ 6253, Dr. Devinder Kumar son of Dr. Ram Saran, the first defendant, and the New Asiatic Insurance Company Limited, with which Company the car was insured.

It was alleged in the plaint that at about 11 a. m. on 23rd April, 1957. Shri Om Dutt deceased, who was at that time Principal of. the Dayanand Ayurvedic College, Jullundur City, was going on his bicycle on Grand Truhk Road from the city side towards the Dayanand Ayurvedic College. He was proceeding on his own side of the road and when he reached the junction of the Grand Trunk Road and the kacha path leading to