( 1 ) THIS first appeal is by defendant No. 1 against the judgment and decree dated 18-1-1965, passed by the Additional District Judge, Shajapur, in Regular civil Suit No. 2-B of 1962.

( 2 ) THE suit is to recover damages for personal injuries sustained by the plaintiff in a motor accident on 4-5-1961 at about 4 P. M. near the Dak Bungalow at shajapur, when a jeep MPZ 1020 belonging to defendant No. 1 and driven by defendant No. 2 Yusufkhan collided headlong with the Ambassador car BMS 5800 owned by the plaintiff in which the plaintiff was travelling on his way from bombay to Calcutta. The collision took place about 40 feet outside the gate of the Dak Bungalow when the plaintiff's car was going to the Dak Bungalow and the Jeep was coming out of it. The plaintiff alleges that the Jeep was being driven rashly and negligently by its driver and it came out abruptly from the gate of the Dak Bungalow giving no opportunity to the car driver to avert the collision. Injuries were sustained by the plaintiff in this accident and in all a sum of Rs. 25,000 is claimed as damages under several heads.

( 3 ) THERE is no dispute that a Motor Accidents Claim Tribunal for the area had