Judgment -The widow and 4 children of one Rustom Ardeshir Wadia brought an action for loss occasioned to them by his death caused as a result of a collision between a motor cycle belonging to the first defendant and another motor vehicle. Ardrshir Wadia, the deceased, died on 12th July, 1955 as a result of injuries received by him in the accident. On 10th July, 1955 at about 4 p.m. the deceased was riding on the pillion seat of a motor cycle BML 428 belonging to the first defendant. The motor cycle was at that time being driven by the second defendant. It was the case of the plaintiffs that the motor cycle was being driven by the second defendant with the knowledge and consent of and as agent of the first defendant. The second defendant was driving the motor cycle along Cadell Road from Worli to Mahim. according to the plaintiffs, at an excessive speed and in a rash and negligent manner and in doing so dashed against and collided with a motor car bearing No. BML 1069 which was coming from the opposite direction. In consequence of the rash and negligent driving of the second defendant and the resultant collision, the deceased was thrown off the pillion of the motor cycle at some dis

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