Gopal Singh, J.

1. This appeal is by the State of Punjab and the Punjab Roadways against Lieutenant J. P. S. Kapoor. It is directed against the award of Motor Accidents Claims Tribunal, Punjab dated May 28, 1968. Facts leading to the appeal are as under :

2. On September 14, 1964 at 6.45 a. m., the respondent left Officers Mess at Ajit Road, Jullundur Cantt. on Scooter No. PNA-31 to attend the office of his Unit. When he reached the crossing of Ajit Road and Nalva Road, a passenger Bus No. PNJ 6170 belonging to appellant No. 2 struck against the scooter. The scooter and the respondent were thrown at a distance of 20 feet and the respondent received injuries on being struck against the wall of the culvert where the accident took place. The bus was being driven by Chanan Singh driver. According to the case of the respondent, the bus at the time, the accident took place was being driven at a very high speed and that the driver neither slowed down nor blew any horn when he crossed the point of junction of the two roads and that it is as a result of rash and negligent driving on the part of the driver of the bus that the respondent met with the accident and sustained injuries. A