N.D.P.NAMBOODIRIPAD
PONNAMMA – Appellant
Versus
RAMANATHAN – Respondent
1. This is an action in tort; and the question is whether the 1st defendant is liable for the negligence of his employee, the second defendant. On 14-7-1961 at about 1-30 p. m. the 2nd plaintiff took the motor car bearing registration No KLT. 825 belonging to his brother, the 1st plaintiff, to a motor workshop called Vasanthi Motor workshop owned by the 1st defendant. The 2nd defendant a mechanic and an employee of the workshop did some repair work. The 2nd plaintiff took back the vehicle, but on road he found that the old trouble persisted. The vehicle was again taken back to the workshop at about 4.30 p.m. The vehicle was left there and the 2nd plaintiff came to the workshop round about 5-30 p.m. to take back the vehicle. He then found the car lying in a ditch near the workshop with serious damage to the vehicle. On enquiry the plaintiffs found that the 2nd defendant, the mechanic attached to the workshop, after repairing the car took it out for trial and ran into this accident. The car was subsequently got repaired at another workshop at an expense of Rs. 2,800/-. The action is for recovery of that amount from defendants 1 and 2. Both the defendants were at one in co
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