JUDGMENT

Page, J. - In this suit I have arrived at a clear conclusion as to what my decision should be.

2. The claim is brought under the Fatal Accidents Act (VIII of 1855). The deceased, one Sashi Kanta Sen, was killed by impact with a motor oar on the 1st of August; 1922, and he left behind him a young widow, two daughters, one six and the other four years of age, and two sons, one of whom was born after his death.

3. The issue which I have to determine is whether Sashi's death was caused by the wrongful act, neglect, or default of the defendant's chauffeur, who, admittedly was driving the car at) the time when Sashi was striken down.

4. In all suits in which issues of fact are involved regard ought to be had to the manner in which the witnesses on the one side and on the other give their evidence, and in my opinion, in no class of cases is it more important that attention should be paid to the bearing of the witnesses than in cases such as the one which has just been tried. If I accept the evidence of the witnesses who gave oral testimony in support of the claim, there can be no doubt that my judgment ought to be in favour of the plaintiff. I have carefully considered the evidence o