ORDER

1. On 23-2-1973, a truck collided with a scooter and three persons were killed. Three claim petitions were filed in respect of their deaths. They were filed against the first respondent, who was the driver of the truck, the second respondent, who was the registered owner of the truck and the appellant, who was the "legal owner of the vehicle as per hire-purchase agreement". The claim petitions stated that at the time of the accident the first respondent was driving the truck owned by the second respondent and the appellant and they had become liable, jointly and severally, to pay the damages claimed.

2. The case of the appellant was that it was conducting a chit fund scheme that the second respondent was a member of the scheme and had taken a loan from the scheme and, as security for that loan, had executed a hire-purchase agreement in favour of the appellant. The hire-purchase agreement had been made so that if the second respondent failed to pay the amount in future the appellant would be entitled to take possession of the truck under the hire-purchase agreement and recover its dues by its sale. The hire-purchase agreement was produced by the appellant before the Motor Acci