The evidence presented by the owner was insufficient to rebut the presumption that the car was driven by the owner or his agent.

SADANANDA SWAMY, J.

( 1 ) ONE Harsha sustained injuries as a result of en accident caused by a motor car at about 10. 35 p. m. on 10-2-1965. He filed an application under Section 110-A of the Motor Vehicles Act claiming compensation of Rs. 50,000/ -. The Motor Accidents Claims Tribunals, Bangalore, awarded Rs. 6,100/- as special damages and Rs. 10,000/- by way of general damages against the owner of the Car and the Insurance Company. The applicant has come up in appeal M. F. A. 56/170 contending that the amount of compensation awarded is inadequate. The owner of the car and the Insurance Company have filed M. F. A. No. 235/1970 challenging the order of the tribunal and in the alternative contending that the amount awarded by the Tribunal is excessive.

( 2 ) THE Tribunal held that the accident was the result of rash and negligent driving of the driver of the car that the applicant sustained injuries as a result of the accident and that the owner of the car and the Insurance Company are liable to pay the damages of Rs. 16,100/ -.

( 3 ) THE points for determination In this appeal are: Firstly, whether the accident was the result of rash and negligent driving of the driver; Secondly, whether the owner of the car and consequently the Insurance Company are liable to pay damages for the injuries caused by the accident; and Thirdly, whether the amount of damages awarded by the Tribunal is inadequate or excessive.

( 4 ) P. Ws. 3, 4 and 5 speak to the cause of the accident. Their evidence is briefly as follows: A car was coming from Kempegowda Circle towards Mysore Bank on the Kempegowda Road at about 10. 30 p. m. on 10-2-1965; when it came near the T. B. Hospital it swerved to its right and climbed the foot-path on the side of the Hospital. The applicant was walking on the foot-path from Neo Mysore Cafe towards the Kempegowda Circle. The car after getting on to the foot-path dashed against the pedestrian and ran over his leg and thigh and then took a turn to the right towards Mysore Bank side and climbed down the footpath. It came to a halt after going about 15 ft. on the road. It did not halt but proceeded further without waiting. Their evidence is supported by the evidence of P. W. 6. the Sub-Inspector of Police, who visited the scene of occurrence and prepared a mahazar and the sketch. He has stated in his evidence that the width of the road is 46 ft. and that the spot of the occurrence was on the foot-path. He has also said that from the statement of the owner of the Car and Mr. Kapoor (R. W. 2), it turned out that one balaji Rao was driving the car at the time of the accident and that a charge sheet was filed against the said Balaji Rao, who pleaded guilty and was convicted and fined in the criminal court. The alleged driver Balaji Rao was not examined before the Tribunal to explain the circumstances in which the car went up the footpath and dashed against the pedestrian who was walking on the footpath on the right hand side of the road. The Tribunal was, therefore justified in holding that the accident was entirely due to the rash and negligent driving of the car. The applicant stated in his evidence that he was admitted to the hospital on 10-2-1965 after the accident and that his right leg below the thigh was fractured. The Doctor who admitted him to the Victoria Hospital Dr. Krishna Murthy, has been examined as P. W. 11. He has stated that the applicant was admitted to the Hospital on 10-2-1965 for fracture of the right Femur and that he was discharged on 19-9-1965. Under these circumstances the Tribunal was justified in holding that the applicant sustained the injuries as a direct consequence of the accident.

( 5 ) ACCORDING to the owner of the Car, Dr. Karna, though the car belongs to him, he is not liable to pay any compensation since at the time of the accident neither he nor his servant or agent was driving the car. According to his evidence on the night of the accident, he went to the house of his friend Kapoor in hi

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