JUDGMENT :

U.L. Bhat, J.

First respondent herein was travelling in an autorickshaw belonging to the first appellant on 9.6.1984. The autorickshaw capsized and the passenger sustained grievous injuries. Alleging that the accident took place on account of rash and negligent driving on the part of the driver of the autorickshaw, the passenger filed a claim petition seeking compensation of Rs. 75,000/-. The claim was opposed on the ground that it was a case of an inevitable accident. The amount claimed also was challenged as excessive. The Tribunal upheld the claim of the claimant to the extent of Rs. 41,000/- directing the driver, owner and insurer to pay the amount with interest and costs. The owner and insurer of the vehicle have filed the appeal. The claimant has filed cross-objection.

2. The claimant, examined as PW 1, and an independent witness examined as PW 2 uniformly deposed that the autorickshaw was being driven at an excessive speed and on that account it suddenly capsized injuring the passenger. The driver, examined as RW 1, deposed that he was driving the vehicle at a moderate speed and he saw two oxen rushing up from the opposite direction and to avoid collision swerved the