Judgment:-As a result of an accident at about 9-30 p.m. on 21st May, 1947,. in which the motor lorry belonging to the first defendant and the motor bus belonging to the second defendant were involved, the plaintiff a passenger in the bus, got his right arm crushed. Eventually that arm had to be amputated The first defendant had insured the lorry with the third defendant, and the second defendant had taken out a policy issued by the fourth defendant The plaintiff claimed Rs. 20,000 as damages, and he laid the suit against both defendants 1 and 2. In response to the notice issued through Court under section 96(a) of the Motor Vehicles Act, defendants 3 and 4 applied to the Court and obtained permission to be impleaded as party defendants to the suit.

The plaintiff pleaded that the accident was caused by the negligence of the drivers of both the vehicles; alternatively, he pleaded that one or the other of the drivers was guilty of negligence, which eventually resulted in the plaintiff being injured. Defendants 1 and 2 in effect each charged the driver of the other with responsibility for the accident. Defendants 1 and 2 each pleaded that it was the plaintiff who had his right arm thrus

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