Whether injured persons entitled to compensation.

JUDGMENT. — The second respondent in O.P. Nos. 23 and 24 of 1971 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge), Tiruchirappalli, is the appellant in both these appeals. There are two appeals because there were two persons in respect of whom compensation was claimed under the provisions of the relevant Act in two separate petitions.

2. On 30th November, 1969, at about 1 p.m.. The first respondent was driving lorry No. MDS.8097 in Annavasal-Kudumiamalai Road. The lorry capsized and Perumal, the petitioner in O.P. No. 23 of 1971 sustained multiple injuries to his person and fracture of his right hand and left leg. He was removed to the Town Government Hospital, Pudukottai, and thereafter was admitted in the Government Headquarters Hospital, Tiruchirappalli, for further treatment. He was permanently disabled partially. He is a married person and is one of the earning members of the family consisting of himself, his parents, brothers and sisters. At the time of the accident, he was about twenty-five years of age, and he claimed to be healthy and hard-working earning a sum of Rs. 6 per day. According to him. It was due to the rash and negligent driving on the part of the first respondent that the lorry capsized resulting in the petitioner sustaining injuries and fracture, His further case was that as a result of the accident and the fracture sustained by him, he was unable to work and earn as usual. He impleaded the driver Venkatachalam, the owner and the insurance company as the respondents and claimed Rs. 15,000 as compensation.

3. In the other O.P., the petitioner is one Ramaswami. He had a son by name Subbiah, aged about twenty years. Subbiah was travelling in the same vehicle on that fateful day, and in the accident, he sustained multiple injuries as a result of which he died. It was claimed that the deceased was earning about Rs. 150 per mensem and as a result of the death, the members of the family were suffering mental agony and loss of earnings. It was contended that the accident was solely due to the rash and negligent act of the first respondent. A compensation of Rs. 10,000 was claimed.

4. In both the cases, the counter-affidavit filed by the second respondent was more or loss identical. It was contended that the two persons had been carried in the lorry without the consent and knowledge of the owner and that there was no liability on the part of the owner or on the part of the insurance company. It was also pointed out that the two persons had not been employed for loading or unloading and that they were neither invitees nor licencees. The allegation of rash and negligent driving on the part of the first respondent was denied and the quantum of compensation as claimed by them was also disputed. The insurance-company raised almost identifical grounds.

5. The Tribunal went into the question whether the accident was due to any rash and negligent act on the part of the first respondent. After considering the evidence, it held that the first respondent drove the lorry in a rash and negligent manner resulting in the lorry capsising and the two persons sustaining multiple injuries, one of whom lost his life. The quantum of compensation was gone into, and, in the case of O.P. No. 23 of 1971 the person injured was granted a compensation of Rs. 5,000 in respect of his partial permanent disability and Rs. 2,000 for the pain and suffering undergone by him. As regards the other person who lost his life, the compensation awarded came to Rs. 7,000 consisting of Rs. 3,000 for the fatal accident and Rs 4,000 for the suffering, agony and loss of the earning member of the family. On the question as to whether the second respondent, the owner of the lorry, was liable, it was held that even for any unauthorised or illegal act on the part of the driver of the vehicle the owner would be liable as the driver was his servant and agent. It was therefore held that the second respondent in both the cases was liable t

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