JUDGMENT

A. K. PARICHHA, J. : This is an appeal by the unsuccessful plaintiff challenging the judgment and decree passed by the 2nd Addl.Subordinate Judge, Cuttack in M.S. No.178 of 1977.

2. Appellant-plaintiff filed a suit claiming compensation of Rs.19,546/- from the defendant-respondent No.1 with the plead¬ing that the truck bearing registration No. ORU 4473 belonging to the defendant-respondent No.1 and driven by defendant-respondent No.2 in rash and negligent manner met with an accident on the Mahanadi bridge causing damage to the left side foot-path of the girder parapet, cross-girders, rails, slabs etc. It was pleaded that for the repair of the above noted damages to the bridge, a sum of Rs.21,697.66 paise was spent, but after completion of the repair work, the wooden materials used for the repair were sold in public auction and a sum of Rs.2151/- was realized leaving a balance of Rs.19,546.66 paise. The defendants in their written statement denied the claim and the pleading of the plaintiff-appellant in toto. The defendant-respondent No.1 not only denied the ownership of the truck in question, but also denied to have engaged defendant No.2 as driver of the truck. The fact o