Tarkeshwar Nath, J.

1. Sardar Wazir Singh (Plaintiff) instituted a suit for recovery of Rs 12,500.00 on account of loss and damages sustained by him in the following circumstances:-

2. The plaintiff was the owner of a motor car Hindustan 14, Registration No. BRB 456 Defendants 1 and 2 were the owners of a public carrier motor truck BRA 5610 and defendant No. 3 was the driver of that truck being an employee of the first two defendants Defendant No 4 (The Standard General Assurance Company Limited) was the insurer of the truck under Commercial Vehicle Comprehensive Policy No. CV 9650/53 On the 9th January, 1954, the plaintiff was going in his car from Gaya to Patna via Nawada and Bihar with his wife, sons and daughters and he was driving the car himself very cautiously and slowly, adhering to the traffic rules. At about 3-30 p. m. the plaintiff reached near village Mahanandpur between mile post No. 52/II and 52/III. He saw defendant No. 3 driving motor truck BRA 5610 and coming from opposite direction at a very high speed. Defendant No. 3 was driving the truck on the wrong side of the road and in spite of plaintiffs blowing his horn, the former did not take necessary precauti