S. S. Sodhi, J.

1. On August 22, 1975, Smt. Sheela Devi, a school teacher, was returning home with her three month old daughter, when the tempo PUK-818, she was travelling in, struck against a heap of earth, turned turtle and then caught fire. Smt. Sheela Devi and her daughter died due to the burn injuries suffered by them in this accident.

2. It was the finding of the Tribunal that the accident had occurred on account of the rash and negligent driving of Krishan Lal, the driver of the tempo. A sum of Rs.52,000 was awarded as compensation to the claimants, they being the husband and son of Smt. Sheela Devi, the deceased.

3. Liability for payment of the amount awarded as compensation was fastened not only upon the driver and owner of the tempo, namely, Krishan Lal and Sabu Ram, but also upon Harbans Singh, from whom the tempo had been purchased by Sabu Ram before this accident and the insurance company with which Harbans Singh had insured this tempo when it was owned by him. Both Harbans Singh and the insurance company now challenge their liability.

4. The relevant facts as stand out on the record are that Sabu Ram was admittedly the owner of the tempo at the time of the acc