JUDGMENT :

R.N. Misra, J. - This appeal u/s 110-D of the Motor Vehicles Act, 1939 is by the owner of a stage carriage vehicle and is directed against the award of compensation of Rs. 15,000/- to the legal representatives of a passenger of that vehicle who died on account of an accident.

2. The bus, ORP 2630 was proceeding towards Puri in the afternoon of 14-10-1975 with passengers. It had crossed the Daya bridge at Chandanpur and after reporting at the outpost located near the Puri side of the bridge was being driven towards Puri. After a few yards from the place the road has a bend and the Puri-Patamundai bus suddenly came from the reverse direction at great speed. Seeing the fast approaching bus, the driver of Appellant's vehicle swerved the vehicle to the left side, with a view of saving the vehicle and its passengers from disaster. It had rained earlier and the road side earth was slippery. On account of application of the brakes, the vehicle skidded to the extreme left, went out of the road and toppled. As a result thereof, Ghanshyam Bala, a passenger died and several others received injuries. Appellant maintained that the vehicle was not being driven either rashly or negligentl