1. - This common judgment will dispose of aforesaid civil special appeals No. 56/1998 and 58/1998 and cross-objection filed in D.B. Civil Special Appeal No. 58/1998.

2. The facts giving rise to the appeals are as follows. In the night intervening 3rd and 4th of May, 1998, truck No. RJE 5305 was being driven by Bashir Khan (appellant in D.B. Civil Special Appeal No. 58/1998). The cleaner of the truck was Hanuman Ram. On the fateful night the tuck was proceeding from Jodhpur to Soneli village. It was carrying stone slabs. As it reached near village Soyala, the driver of the truck sighted the offending bus 10 of the Rajasthan State Road Transport Corporation. It is claimed that this bus was coming from the opposite direction and was being driven in rash and negligent manner. Apprehending a possible collision between the vehicles, Bashir Khan took the truck to the left side on the kachcha road. On that side of the road a camel was also standing. Shafi Mohammed who was driving the 15 Roadways bus first hit the camel and, thereafter, collided against the truck. As a result of the accident, Hanuman Ram died on the spot due to the injuries received by him. Bashir Khan was also inju