This is a Revision preferred by the 3rd defendant against the decree passed against him in S.C.S. No. 668 of 1960 on the file of the District Munsif’s Court, Pudukottai, filed by the 1st respondent for damages caused to the 1st respondent’s Plymouth Car by a lorry belonging the to 1st and 3rd defendants.

The short facts in this case are the following: Defendants 1 and 2 are brothers; They own a motor lorry bearing No. MDY 2477. The lorry is registered in the name of the 3rd defendant. On 10th February, 1959, the 1st respondent had parked his Plymouth Car MDC 7783 at Kulipirai to the south of P.R.R.M.SP. Chettiar’s house on the left side margin of the Kulipirai-Ponnamarvathy Road. The car was parked in such a way as not to be a hindrance to the traffic and there was plenty of space on the right side of the car for the lorry to pass. The 2nd defendant who was driving the lorry in the course of his employment under defendants 1 and 3 drove the lorry in a rash and negligent manner and dashed the lorry against the 1st respondent’s (plaintiff’s) car which was stationed as aforesaid and caused damage to the head light on the right side, bonnet and radiator gril of the car. Soon af