G. B. PATNAIK, J.

( 1 ) PLAINTIFF is the appellant against the judgment and decree of the Subordinate Judge, Jajpur, in money Suit No. 30 of 1973.

( 2 ) PLAINTIFF is the owner of a truck bearing registration number ORU 1197. The plaintiff avers that while the said truck was proceeding towards Paradeep, it had a breakdown and the truck was being repaired on being parked on the non-metal portion at the extreme left of the Express Highway on 30-3-1972. At 5. 30 a. m. while the said truck was in a stationary position, another truck bearing registration number ORU 139 belonging to the defendant 1 came with a high speed from the opposite direction and dashed the standing truck of the plaintiff and pushed down the same below the embankment in consequence of which the vehicle ORU 1197 suffered heavy damage. The truck of defendant 1 at the relevant time was being driven by defendant 2. The plaintiff then gave several notices to defendant 1, the owner, as well as defendant 4, the insurer, to get his truck repaired, but since nothing was done, the plaintiff filed the! present suit claiming damages to the tune of Rs. 13,765. 98 representing the cost of repairs, appended in Schedule-A to the