1. Mr. Gian Chand aged about 35 years a labourer or puller of a hand cart was knocked-down by a Punjab Roadways Bus No. PNP-6101 on G.T.Road, Batala at about 1.30 P. M. on 28th January, 1967. He succumbed to the injuries sustained in this accident in a hospital a few hours later. His father and widow who has four minor children from her wedlock with the deceased filed a claim under section 110-A of the Motor Vehicles Act against the secretary, Transport Department, Punjab and the General Manager of the Punjab Roadways. The Motor Accidents Claims Tribunal has granted them compensation amounting to Rs. 9,000/- and has found that the accident was the result of rash and negligent driving by the driver of the bus. The Punjab State through its Transport Department has come up in appeal.

2. It is the common ground, according to the evidence examined by both the parties, that the bus was trying to overtake a tonga when the deceaseds cart was knocked down. The deceased had loaded heavy machinery in his cart and was crushed under that machinery which had fallen over him. The accident had taken place on G. T. Road in the busiest part of the town of Batala where there is a good deal of