ORDER

1. Delay condoned.

2. Leave granted.

3. In view of the facts which are undisputed or are found proved, it is clear that the negligence of the bus driver as a cause of the fatal, accident has to be held proved. The bus was coming downhill while the decreased was going on a motorcycle uphill and the accident occurred on a curve. The traffic rules require precedence to be given to the traffic moving uphill by the traffic going downhill. This duty of the bus driver coming downhill was even greater on a curve. Moreover, the distance to which the motorcycle was pushed back as a result of the impact and the distance at which the motorcyclist fell after the impact with the bus indicate that the bus was being driven at a comparatively high speed while coming downhill even when the bus driver had omitted the traffic moving uphill on a curve.

4. The High Court was, therefore, in error in taking the view that the negligence of the bus driver was not proved. That finding is, therefore, set aside.

5. On the above conclusion, the question now is of the amount of compensation to be awarded. The deceased Sunder Lal was aged 37 years at the time of his death. The claimants are his widow and fo