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1973 Supreme(Mad) 530

P.S.KAILASAM, MAHARAJAN
C. Narayanan – Appellant
Versus
Madras State Palm Gur Sammelan – Respondent


Advocates:
R. Subramaniam for S. Sampath Kumar and S. Rangarajan, for Appellant; N. Sivamani and S. Pariaswami, for Respondents.

Judgement

KAILASAM, J. :- The appellant was the claimant before the Motor Accidents Claims Tribunal. (Subordinate Judge), Cuddalore in a petition filed under Section 110-A of the Motor Vehicles Act. On 23-9-1967 he was travelling in lorry MSV 8251, belonging to the first respondent, which was proceeding to Madurai. At about 4 a.m. on 24-9 -1967, when the lorry was proceeding near Vandipalayam on the Grand Trunk Road, it hit against a stationary lorry parked on the left side of the road, resulting in grievous injury to the eyes of the appellant and injury to his head resulting in fracture of the skull. The appellant was treated in the Government Hospital, Cuddalore, and later in the Stanley Hospital, Madras. He claimed that he had incurred an expenditure of Rs. 1,000 for treatment and Rs. 35,000 by way of compensation for pain and suffering, loss of income and loss of employment and for medical expenses, past and future.

2. The respondents denied liability on the ground that the appellant had no right to travel in the lorry which was only a goods vehicle, not authorised to carry passengers for hire or reward. As the injuries were caused in the course of unauthorised travel, the respon






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