R. N. MISRA, J.

( 1 ) JAGANNATH Narula, respondent No. 2, was the owner of car No. O. R. P. 2848. Around 8. p. m. on 19-8-1972 this car was proceeding from Puri towards bhubaneswar on the State Highway. Near village Talapati between Sakhigopal and Gopabandhu Sevasangha, the claimant, original respondent No. 1, was running his own cycle rickshaw on the said road at a slow speed. The car, came from the opposite direction and dashed against the rickshaw. As a result of the accident, the claimant received serious injuries over several parts of his body and remained as an indoor patient at Sakhigopal Hospital. It was found that his left leg and the right collar bone were fractured. He alleged that he became invalid and members of his family have been deprived of his earnings as a rickshaw puller. Claim of Rs. 22,000/-as compensation was laid before the motor Accidents Claims Tribunal at Puri. The owner of the car, respondent No. 2, entered contest, filed a written statement, cross-examined the witnesses for claimant and adduced defence evidence by examining the driver of his car who was still employed under him. This vehicle was insured with the National Insurance Company Ltd. who was