Beasley, C.J.

1. The suit under appeal was one brought by the respondent who was the mother of a boy named Ponnusami, aged about 13, who was in the employment of one of the bailiffs of this Court, Mr. Boyton. On 27th April 1928 at about noon this boy was knocked down and killed by a motor omnibus of which the appellant was the owner. The omibus was coming from Saidapet down the Mount Road in the direction of George Town. This accident happened opposite to the building of Messrs. Fiat and Co. Motor Dealers. The boy appears to have been killed instantaneously and it was alleged by the respondent who filed the suit that the accident was the result of negligent driving of the driver of the motor omnibus. If that allegation was proved, then clearly the appellant would be liable to pay damages being responsible for the negligent act of his driver. Rs. 2,000 damages were claimed. The learned trial Judge found that the appellants servant had driven the omnibus negligently and that as a result of that negligent driving the boy Ponnusami was killed. Finding in favour of the respondent on the question of liability, he assessed the damages at Rs. 600. On the question of negligence which