(1) ON 14/11/1960 at about 5.30 a.m. a public transport vehicle plunged into a stream as the divert over which it was passing save way. As a result of the accident one V. Santhangopalan died. The appellants, his parents, filed the suit out of which the appeal arises to recover a sum of Rs. 25,000.00 by way of damages. The suit was filed against the owner of the vehicle, the Insurance Company and the Highways Department of the State of Tamil Nadu. The trial court absolved the owner of the vehicle and Insurance Company on the ground that the accident was not due to any fault of the driver of the vehicle or any defect of the vehicle. The trial court held that the very collapse of the culvert raised a presumption of negligence on the part of the Highways Department of the government and on that footing awarded a sum of Rs 9,100.00 by way of damages. The Government of Tamil Nadu who, in our opinion should not have contested a claim of this nature and who ought not to have, in any case, preferred an appeal, did choose to file an appeal to the High Court. The plaintiffs preferred a memorandum of cross-objection claim-ing a further sum of Rs. 5,000.00 . Unfortunately, the appeal of