C. Y. SOMAYAJULU, J.

( 1 ) APPELLANT filed a claim petition alleging that on 19. 10. 1995 when his auto bearing No. AP-10t-934, being driven by Mohd. Iqbal, reached near Bidar crossroads, vehicle bearing No. AP1 IT -8499 belonging to first respondent and insured with the second respondent, came in the opposite direction in a rash and negligent manner and dashed against his auto resulting in extensive damage thereto. He spent rs. 35,000/- to get his auto repaired, after spending Rs. 8,500/- towards towing charges. Since his auto was in the garage for repairs for six months, he lost an income of rs. 15,000/ -. So, he is entitled to Rs. 58,500/- as damages from the respondents. First respondent choose to remain ex parte, both before the Tribunal and this Court. Second respondent filed a counter contesting the claim of the appellant. In support of his case appellant examined himself as P. W. 1 and marked Exs. A. l to A. 5. Second respondent did not adduce any oral evidence but marked ex. B. 1 by consent. The Tribunal held that the accident occurred due to the rash and negligent driving of the driver of the vehicle belonging to first respondent but dismissed the claim of the appellant on

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