This appeal arises out of an action instituted by the respondents for compensation under the provisions of the Fatal Accidents Act, XIII of 1855. The appellant is a company engaged in the business of transporting passengers by bus between Dharapuram and Palani, among other places. On 20th September, 1947, one of their buses MDC. 2414, while running from Dharapuram to Palani with passengers, met with an accident at a place called Puliampatti about 3 miles from Palani, as a result of which some of the passengers sustained injuries and one of them Rajaratnam died on 23rd September, 1947. The first plaintiff is his father, the second plaintiff is his widow and plaintiffs 3 to 7 are his sons. They alleged in the plaint that the driver who was in charge of the bus was incompetent and inexperienced; that he was guilty of rash and negligent conduct in the driving of the bus; and that the accident was the result of his incompetence and negligence. Compensation was claimed under section 1 of the Act for the loss of pecuniary benefit sustained by the plaintiffs personally, and under section 2 for the loss sustained by the estate, by reason of the death of Rajaratnam. The