( 1 ) THIS appeal arises out of an action for damages amounting to Rs. 30,000/-for personal injuries sustained by the plaintiff as well as for the injury caused to this motor bicycle No. CPB 1114 in consequence of rash and negligent driving by the defendant 2 of a station wagon No. CPJ 1585 belonging to the defendant l, who equivalent Citation: had insured it with the defendant 3 against third party risks. The lower Court accepted the claim in part and passed a decree for Rs. 15,250/- against the defendants 2 and a. The defendant 3 has filed this appeal challenging the decree passed against it. The plaintiff has also filed Civil Appeal No, 192 of 1956 for being relieved of the liability to pay costs Rs. 811/11/- to the defendant 1 and a cross-objection claiming the amount disallowed by the lower Court namely Rs. 14,750/ -. He has relied upon Order 41, Rule 33, Civil Procedure Code, for securing a decree for the full claim against the defendant 1. This Judgment will govern the two appeals and the cross-objection. 2 The plaintiff's case, briefly stated, was this. At about mid-day on 11th september, 1951, while the plaintiff was travelling on his motor bicycle towards the e