S.P.GOYAL, J.

1. This appeal under cl.10 of the Letters patent has been brought against the judgment of the learned single Judge dated June 3, 1977 whereby the appeal of the claimants was dismissed as having abated,

2. Gian Chand Joshi, a clerk in the Railway Workshop Accounts Office, Amritsar, was run over by truck No. PNO 3442 and died on May 11, 1969. His widow. three minor children, appellants and two major children respondents No. 5 and 6, filed this petition before the Tribunal alleging that the death of Gian Chand was caused by rash and negligent driving of the truck by Narain Singh, driver, and claimed Rs. 1,70,418.40 as compensation. Messrs Rai Bahadur Kishore Chand and Sons, a joint Hindu family concern, and Rai Bahadur Kishore Chand were named in the petition as owners and the Calcutta Insurance Co. Ltd., the insurer of the truck.

3. Respondent Narain Singh, driver of the truck did not appear in spite of service and was proceeded ex parte, The other three respondents opposed the petition and denied their liability. The Tribunal after recording evidence of the parties dismissed the petition against respondents Nos. 1, 2 and 3 as barred by time as they had been imp