( 1 ) THIS is an appeal against the Older dated 27th August, 1906 passed by the Motor Accidents Claims Tribunal, Punjab at Chandigarh, under section 110-B of the Motor Vehicles Act, 1939 (hereinafter called the Act) awarding damages to the respondent No. 1 against the appellant and respondent No. 2.

( 2 ) THE respondent No. 1 and his wife were passengers in Bus No. 2357 belonging to the appellant and driven by its employee respondent. No. 2. On the 27th June, 1963, the bus was going from Kulu topathankot. The bus was travelling from Kulu to Pathankot when it sufferred an accident in which the respondent No. 1 and his wife were injured. The respondent No. 1 and his wife made two applications for compensation under section 110 A of the Act. These applications were the basis of the claim for compensation made by the respondent No. 1 and his wife. Under the heading "cause of accident with brief description", respondent No. 1 and his wife simply stated as follows :-

"when the bus reached Nagrota at about 2-30 p. m. it struck against a tree and turned on its right side causing serious grievous injuries to the petititioner. This accident was caused due to the negligence of t