R. PRASAD, J. :- This is a plaintiff's first appeal directed against the judgement and decree of the Additional Civil Judge, Muzaffarnagar dated 2nd April 1955 in suit No. 45 of 1953.

2. The plaintiff filed this suit for recovery of a sum of Rs. 20,000 from the defendant with costs of the suit on the facts disclosed in the plaint. The plaintiff alleged that the defendant-respondent carried on business of running contract carriage buses and that in that connection he owned Chevrolette Public Stage Carriage Bus USL 1813, which used to run between Muzaffarnagar and Bhopa and to carry passengers. The bus was insured against third party risk with some Insurance Company. The plaintiff himself was an Assistant Engineer (Tube Well Division) and belonged to respectable family Plaintiff's elder brother Janki Prasad was a retired Executive Engineer. Public Works Department. Uttar Pradesh, and one of the sons of the plaintiff, Sri Chandra Mohan Gupta was a Lieutenant in the Army, having Commissioned Rank. Shri Jag Mohan Gupta aged about 18 years was one of the sons of the plaintiff, and at the relevant time, he was a student of the IInd year, D.A.V. College. Muzaffarnagar.

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