JUDGMENT :

Ramaprasada Rao, J.—The owner of a lorry and the company in which it was insured are the Appellants in the appeal against the order of the Motor Accidents Claims Tribunal, Madras. The despondent was employed in the Madras Telephone District. On the date when the accident occurred he was expecting a promotion about a month thereafter, and he was earning a salary of Rs. 110/- per month on the date of the accident. But according to him be would have earned a salary of Rs. 215/- per month thereafter, on promotion. The Respondent was proceeding from north to south as a pillion passenger in the motor cycle driven by one Mohammed The Lorry MDE 5476 was proceeding from south to north. According to the Respondent the lorry in its attempt to overtake a stationary lorry on the right and in its desperate attempt to avert a cart which was {Missing on the road, hit the motor cycle resulting in a permanent disability to the Respondent (pillion passenger). The Respondent was hospitalised for nearly sixteen months and his case is that he has suffered a permanent disability and it is not in dispute that his leg has been shortened. The Respondent's case is spoken to by P.W. 4 and the medica