Amar Dutt, J.

1. This judgment will dispose of F.A.O. Nos. 255 to 260 and 478 to 482 of 1997. For the purpose of this judgment, the facts are being taken from FAO No. 478 of 1997.

2. On 11.2.1991 at about 4.00 P.M. within the revenue limits of village Godana, Police Station Dhilwan, District Kapurthala a head on collision took place between Maruti Car bearing registration No. CH 01 1477 which was owned by Neera Gullati at the time of accident and was being driven by Shri P.S. Multani and a truck bearing registration No. PUU 9201 which is owned by Kashmiri Lal. The accident had resulted into the death of Atinderjit Singh and injures to Kamaljit Kaur, Baby Gurnoor, Balwant Kaur, Narinder Kaur and Baby Karishma. Claim petitions have been filed by the injured and all the heirs of Atinderjit Singh under the Motor Vehicles Act asserting that the accident had taken place on account of the rash and negligent driving of the drivers of both the vehicles. These petitions were contested by the respondents who admitted the factum of accident but denied that the same had taken place owing to the negligence of the driver of the car. The Oriental Insurance Company Ltd. had in a separate wr