ORDER

1. Leave granted.

2. Despite service of notice nobody has appeared on behalf of the respondent.

3. The core question which arises for consideration in this appeal is as to whether a person who has hired a goods carriage vehicle would come within the purview of sub-Section 1 of Section 147 of the Motor Vehicles Act, 1988, although no goods as such were carried in the vehicle.

4. The claimant/respondent was a `coolie-worker. He allegedly hired an auto rickshaw which is a goods carriage vehicle bearing registration No. KL-8/M8568. The accident occurred when he was sitting by the side of the driver. According to him the driver was driving the vehicle in a most rash and negligent manner. When the vehicle reached at Kandanchira, the driver turned it to the left side without applying brake, as a result whereof, it overturned. The claimant allegedly suffered the following injuries :

1. Compound fracture lower both bones of 1/3rd left leg and multiple abrasions.

2. Lacerated would (R) & (L) Legs.

He filed a claim application in terms of Section 166 of the Motor Vehicles

Act for a sum of Rs. 2.25 Lakhs; the details whereof are as under :

``a) Loss of earning from 13.08.99 to till now R