SADASIVAM, J. : On the morning of 16-12-1963 at about 9-15 A M there was an accident at the junction of St. Mary's Road and C.P. Ramaswami Iyer Road, Madras, in which the lorry MSY 3463 owned by M/s. T. U. C. S. Ltd., and driven by one Sankaranarayanan (R.W. 1) and the Scooter MSY 4456 owned and driven by M.K. Subramanian (R.W. 2) were involved One K Gopalakrishnan (P.W. 10) son of Krishnan (P.W. 11) who was travelling on the pillion of the scooter at the time of the accident sustained a lacerated injury on his left leg 10"x 5½"with fracture of both bones as the right rear wheel of the lorry ran over his left lee, after he fell down as a result of both the vehicles colliding on their sides, and this finally resulted in the amputation of his left lee above the knee. The pillion rider Gopalakrishnan claimed Rs. 3,60,210 as compensation in O. P. No. 60 of 1964 on the file of the Motor Accidents Claims Tribunal Madras (hereinafter referred to as the Tribunal) Impleading R.W. 1 Sankaranarayanan, the driver of the lorry M/s. T. U. C. S Limited the owner of the lorry the Cooperative Fire General Insurance Society Ltd., with whom the lorry was insured. R.W. 2 M.K. Subramanian, the