This appeal arises out of a suit for damages for the injuries sustained by the plaintiff when he was travelling in the defendant’s bus, consequent on the negligent driving of the bus. On 4th July, 1948, the plaintiff was travelling in the bus of which the defendant was the Managing Director of the Rasipuram Union Motor Service, Ltd., Rasipuram, who were the owners. The accident in this case is stated to have happened after the bus left Namagiripet, at a place 12 miles from that place. The bus in which the plaintiff was travelling dashed against another bus with the result that his left hand little finger, according to the plaintiff, had been disfigured, and he had received other minor injuries on his body. His case was that he was prevented from doing any work for four months and he claimed Rs. 1000 as and for damages.

The defence was that at the time when the accident happened, it was not the driver of the bus that drove the bus but it was the conductor that drove the same and the accident not having occurred by the rash and negligent driving on the part of the driver but by the conductor, it could not be said that the accident happened in the course of the employment as th