(1) This appeal as well as the cross-objections to the appeal arise out of a decree passed by the learned District Judge Jammu on 22-2-65 whereby he has passed a decree for Rs. 6685.37 and costs in favour of the respondent No. 1 against defendants 1 and 2. The decree was exparte against defendant 1. The third defendant was absolved from any liability under the terms of this decree.

The facts giving rise to the present litigation are that the plaintiff, who is an Excise & Taxation Officer Jammu, was going on his scooter alongwith Balbir Singh PW from Shankar Talkies to the city on 20-2-61 at 10-30 PM When he reached the crossing near the Jewel Talkies, defendant 1 Dwarika Nath was driving a truck No. 8446 J & K on the BC Road on the wrong side at a very high speed rashly and negligently ; and, while negotiating the bend at the crossing, his scooter was dashed by the truck. Both the plaintiff Sudesh Kumar and his companion were thrown off the scooter and sustained injuries. The plaintiff suffered from the fracture of his left thigh femur which permanently disabled him. He also received other injuries and his scooter was badly damaged. He was sent to the Civil Hospital at Jammu