K.N. Shukla, J

1. This order shall also dispose of Miscellaneous Appeal No.73 of 1973 (Samrathsingh and Ors. v. Dwarka Prasad and 4 Ors.) preferred by the claimants.

2. One Durgsingh was a victim of a motor vehicle accident that took place on Chanderi-Shivpuri road on 8.8.1968 between 4 to 5 a.m. It was not disputed that the motor vehicle, a goods-truck, bearing No. M.P.G. 4912, belonged to appellant-Dwarka Prasad, a partner of the firm Radhakishan Shyamlal. On the fateful day, it was driven by respondent Fadali. It is not disputed now that at the time of the accident, deceased Durgsingh was sleeping on the main road and had covered himself fully from head to toe with a blanket. The head lights of the truck were on when the deceased was run over. There is dispute on the point whether the driver blew the horn or not. The effect of this failure of the driver will be considered, if necessary, later.

3. The death was instantaneous. Claimants alleged that the accident occurred due to rash and negligent act of the driver who did not take proper precautions when he noticed a person sleeping on the road. Claimants impleaded two insurance companies also, though now, it is admitted that