N. U. BEG, J. :- This is a first appeal by the U. P. Government which was defendant no. 1 in the trial Court. It arises out of a suit for damages filed by respondent no 1 Ram Milan who was the plaintiff in the trial ourt. Respondent no. 1 Mohd. Rasool and respondent no. 3 Jharkhande were the servants of defendant no. 1, the U. P. Government, and were defendants Nos. 2 and 3 respectively in the trial Court. Along with the appeal we have a cross-objection filed by Ram Milan, the plaintiff. This judgment disposes of both the first appeal filed by defendant No. 1 and the cross-objection filed by the plaintiff.

The suit of the plaintiff was based on the allegation that defendant no. 1 had been carrying on motor bus service in the district of Gonda for the last several years, that on the 2nd of June, 1952 a bus belonging to defendant no. 1 left Wazirganj for Gonda at about 130 P. M. The plaintiff was a passenger in the upper class Defendant no. 2 Mohd Rasool was the driver of the said bus, and defendant no. 3 Jharkhande was its mechanic Owing to the negligence, misconduct and wrongful act of defendant no. 1's servants, i.e. Mohd Rasool and Jharkhande, there was an accident on the