DIXIT, J.

This appeal is from a judgment of the District Judge, Indore, by which he found the appellants and the respondent Brij Gopal liable for negligence in causing injuries to the plaintiff resopndent Dinkar Joshi, and awarded to the plaintiff Rs.37.500/- as damages besides costs and interest.

2. The case of the plaintiff Dinkar Joshi was that appellant Gwalior and Northern India Transport Company Ltd., was a transport company and was at the material time running-an omnibus service from Mhow to Indore. On the morning of 12-7-1946 at about 11-30 A.M., an omnibus belonging to the company left Mhow for Indore with full load of passengers, twenty-six in number, of whom the plaintiff was one.

It was driven by the respondent Brij Gopal. After it had travelled about two miles, the bus stopped running due to some engine trouble. It was, however, set right in about twenty minutes and put in motion again. It then proceeded and covered a distance of two miles and again came to a stop on account of further engine trouble. This was also put right and it restarted after being pushed.

After it had thus travelled about twelve miles from Mhow and when it came on to a bridge across the Ga