GWALIOR & NORTHERN INDIA TRANSPORT CO. LTD. AND ANOTHER Vs. DINKAR DURGA SHANKAR JOSHI AND ANOTHER

JUDGEMENT

(1.) THIS appeal is from a judgment of the District Judge, Indore, by which he found the appellants and the respondent Brij Gopai liable for negligence in causing injuries to the plaintiff -respondent Dinkar Joshi, and awarded to the plaintiff Rs. 37.500/ - as damages besides costs and interest.

(2.) THE case of the plaintiff Dinkar Joshi was that appellant Gwalior and Northern India Transport Company Ltd., was a transport company and was at the material time running an omnibus service from Mhow to Indore. On the morning of 12 -7 -1946 at about 11 -30 A. M. an omnibus belonging to the company left Mhow for Indore with lull load of passengers, twenty -six in number, of whom the plaintiff was one.

(3.) THE Gwalior Northern India Transport Company Ltd., did not file any written statement and the case proceeded ex parte against the company. The Gwalior and Central India Transport Services and Brij Gopal contested the suit on identical grounds. They admitted the accident, as also the fast that the plaintiff received some injuries in the accident.