S.B.SINHA, J.

1. This appeal under S.110-D(i) of the Motor Vehicles Act arises out of a judgement and award dated 12-7-85 passed by Sri P.K. Saran, District Judge, Nawadah in Claim Case No. 144/19786/84.

2. The facts of the case lie in a very narrow compass.

3. A bus belonging to the respondent-corporation bearing registration No. BHN 8462 met with an accident in the night between 2-5-78 and 3-5-78. The said bus, according to the findings of the learned Court below itself, was being recklessly and negligently driven by the respondent 4.

4. Admittedly the husband of the appellant 1 and the father of respondents 2 and 3, namely, Sheo Shankar Ram died in the said accident.

5. The appellants claim a sum of Rs. One lac as compensation for death of the said Sheo Shankar Ram. In the aforementioned claim the appellants further claim interest.

6. Before the learned Court below the respondent-Corporation filed a show cause in which the factum of accident was admitted by them but it was submitted that there was no recklessness and negligence on the part of the driver.

7. In view of the pleadings of the parties the learned Court below framed the following issue :-

(1) Is the applicatio