SHIV DAYAL, J. :- This is an appeal under Section 96 of the Code of Civil Procedure from the dismissal of the suit in which the appellants claimed damages from the respondents for the death of their parents, resulting from an accident which occurred on February 16, 1959, (prior to the constitution of Claims Tribunal under Section 110-A of the Motor Vehicles Act).

2. On February 16, 1959, motor bus No. M.P.O, 314, belonging to M/s. Patni Transport Ltd. (respondent No. 2), started from Jagdalpur for Jeypore. It was driven by Jogendrapal (respondent No. 1). Rawelchand Kapoor and his wife, Smt. Rajkumari Kapoor, boarded the bus at Jagdalpur. On its way the bus dashed against a tree by the side of the road. Rawelchand Kapoor and his wife received fatal injuries and died instantaneously on the spot. The bus was insured with respondent No. 3, Insurance Co., against third party risk under the terms of the insurance policy Ex. D. 3. These facts are admitted.

3. The accident occurred at 7 or 8 miles from Jagdalpur. The bus was heavily loaded. It went beyond the control of the driver and dashed against a mango tree. The appellants, through their next friend, instituted a suit for recov