S.S.SANDHAWALIA, J.

1. Whether the vicarious liability of the owner of a manor vehicle can be extended to cover even its unauthorised use by a stranger during the vehicle s entrustment to a workshop for repairs is the meaningful question which arises for determination in this appeal under Cl. X of the Letters Patent.

2. On February 23, 1968, at about mid-day Mangal Singh, injured respondent, whilst going on his bicycle, within the town of Moga, collided with truck No. PNF 8078 and suffered serious injuries on his person. He was immediately removed to the Civil Hospital, Moga, where the medical witness found that apart from other injuries, the whole of the outer side of the right leg and the right thigh were abraded and contused and bones of the right thigh and right ankle were fractured. A case was also registered against the driver of the vehicle at police station, Moga. Mangal Singh was later removed to the Post Graduate Institute at Chandigarh for better treatment for the compound fracture of the lower and right femur and compound fracture of right medial malleolus. He was discharged from the hospital partially cured.

3. Mangal Singh, respondent, preferred an application