The Judgment of the Court was delivered by Sadasivam, J.-

On the morning of 16th December, 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 T.U.G.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 5?12;” with fracture of both bones as the right rear wheel of the lorry ran over his left leg after he fell down as a result of both the vehicle colliding on their sides and this finally resulted in the amputation of his left leg 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 of T.U.C.S. Ltd. the owner of the lorry, the Co-operative Fire and General-Insurance Society Ltd., with whom the