Dave, J.—This is a first appeal by the plaintiffs in a suit for damages arising out of an alleged tort. It is directed against the judgment and decree of the Senior Civil Judge, Udaipur, dated l4tn April, 1954. The appellant No. 1 Mt. Vidyawati is widow of one Jagdishlal Kayasth, while appellant No. 2 Mt. Girjawati is her minor daughter. The deceased Jagdishlal was resident of Udaipur and working as a teacher. The respondent No. 1, Lokumal, was a motor driver in the employment of the State of Rajasthan, respondent No, 2.

2. The appellants case was that on 11th February, 1951 at about 4 p. m., Jagdishlal was going on duty in connection with census work and he was walking on the footpath by the side of a public road leading from Hathi Pole to Delhi Gate in Udaipur City. At the time, respondent No. 1, who was driving a jeep Car No. RUM 49, belonging to the State of Rajasthan suddenly came from behind; he was rash and negligent in driving that jeep on the footpath whereby he knocked down Jagdishlal, causing him multiple injuries, including fracture of the skull and backbone. Jagdishlal was immediately removed to the Hospital and treated there, but he could not regain consciousness which

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