( 1 ) M. F. A. No. 194 of 1979 is by the driver of the vehicle and is directed against the judgment and award dated 23-10-78 passed by the District Judge and Member, Motor Accidents Claims tribunal, Raichur, in Miscellaneous (MVC) Case No. 4 of 1977, on his file, awarding a sum of Rs. 6,000 as compensation from the driver.

( 2 ) A girl of 6 years died as the result of the accident that happened on 1-12-76 at 4. 30 P. M. " on Raichur Sindh- noor Main Road. The Tribunal has held that the accident was the result of rash and negligent driving of the lorry bearing No. MYR 5059 by its driver. Having held so, the Tribunal fixed the compensation at Rs. 6,000 for the death of a girl aged six years. But, while giving the award, the Tribunal fixed the liability only against the driver of the vehicle and the same is challenged in this appeal before us.

( 3 ) IT is no doubt true that in the case of a vehicle, which is the subject-matter of hire purchase agreement, the person, who is actually in possession of the vehicle, is responsible and liable for any damage arising out of the accident in the use of the vehicle. In the instant case, the hirer is rightly styled as the owner, as contemplated u

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