FACTS NOT IN DISPUTE

2. Brief facts of the case are that on 13.05.2002 at about 8.00 p.m. Mohan Lal (since deceased) along with Smt. Shakuntla Devi was going on a scooter bearing registration No.PB-02R-4223 from Kala Amb to Naraingarh. When they reached near Aamwala Pir Kala Amb road, one truck bearing No.HR-37-7751 came from Naraingarh side and caused the accident with their scooter. As a result, Mohan Lal received multiple simple and grievous injuries besides head injury and died on the spot. Smt. Shakuntla Devi, who was pillion rider on the same scooter also received multiple injuries and under semi-conscious condition wrongly disclosed her name as Kamlesh and name of the deceased as Ram Kumar to the police. However, later on when, she regained consciousness, she made a statement on 16.05.2002 that her name is Shakuntla Devi and that of deceased is Mohan Lal. The accident was caused due to rash and negligent driving of driver of the truck No. HR-37-7751. Respondents No.2 and 3 are owner and insurer of the offending vehicle, respectively. It has been averred that the deceased was 34 years of age and he was working as mason-cum-labour contractor and was earning 40,000/- per annum.