1. This is an appeal by the first defendant in an action for damages for personal injuries. The plaintiff is an advocate practising in the District Court at Kottayam. The first defendant is an incorporated Company, called the Swaraj Motors (Pvt.) Ltd., which is engaged, among other things, in the operation Of stage carriages. One of its motor buses, K.LK. 3026 was running express service between Ernakulam and Kottayam. At 9-45 A. M. on 9-1-1959, the plaintiff got into this bus at Kaduthuruthy for going to Kottayam. At 10-45, after the bus had proceeded some distance, it capsized at a place called Adichira, While negotiating a curve and giving side for another bus coming in the opposite direction. The plaintiff was thrown off and fell under the bus, as a result of which he suffered a compound fracture of the bone of the lower part of the left leg a lacerated wound on the right toe and an abrasion on the dorsum of the right foot. The plaintiff was immediately taken to the Kottayam District Hospital, where he was given first aid and sent to the Medical College Hospital, Trivandrum for better treatment. He was admitted in this hospital on the same day and he was advised tha