D.S.Tewatia, J.

1. Gurpal Singh deceased was runover on a public road at 4.45 p.m. on 11.3.1967 by a petrol tanker No. PNN-830 driven by Lachhman Singh and he died instantaneously on the spot.

2. The wife of the deceased on her own behalf, as also on behalf of her two minor sons and one daughter from the loins of the deceased, through Claim Petition No. 88/Addl. of 1968, claimed Rs. 75,000/- from Sood and Company (respondent No. 1) the owners of the tanker; Lachhman Singh (respondent No. 2), driver of the offending vehicle; and Oriental Fire & General Insurance Co. Ltd. (respondent No. 3) with which the said tanker was insured, on account of the death of the deceased caused by Lachhman Singh driver by his rash and negligent driving of the offending vehicle.

3. The parents of Gurpal Singh deceased through a separate claim petition (Claim Petition No. 19/Addl. of 1968) claimed Rs. 30,0.0/- from the above said respondents on the basis of the same cause of action.

4. The deceased was claimed to be 35 years old and drawing a salary of Rs. 264/- p. m. as mechanic in the Railways.

5. Respondent Nos. 1 and 3 resisted the claims, inter-alia, on the ground that the accident in which