Varadachariar, J.

1. This appeal arises out of a suit instituted under the Fatal Accidents Act by the representatives of one Venkatarama Aiyar who died in February, 1930, as the result of a collision between two motor buses in one of which the deceased was travelling. The owners of the two buses have been impleaded as defendants 1 and 2 and they may be referred to as the U.M.S. Motor Service and the I.M.S. Motor Service respectively. It is in one of the buses run by the U.M.S. Service that the deceased was travelling at the time of the accident. The I.M.S. Service bus was coming in the opposite direction, and at a point where the road is found to have measured 26 feet in breadth, there was a collision between the two buses almost in the middle of the road. The lower Court gave the plaintiffs a joint decree against both the defendants for sums aggregating to Rs. 10,000. Against that decree, the first defendant has preferred this appeal.

2. The first point urged in support of the appeal is that the driver of the U.M.S. bus was not negligent or reckless and that the appellant should not therefore be held liable. There has been some controversy as to the exact part of the road wh