A.G. Qureshi, J.

1. This appeal is filed against the award dated 27.8.1981 passed by the Member, Motor Accidents Claims Tribunal, Indore in Claim Case No. 85 of 1978.

2. The facts leading to this appeal, in short, are that the non-applicant/appellant was the owner of scooter CPK 3274. On 12.3.1978 the aforesaid scooter was given by non-applicant No. 1 to non-applicant No. 2 for driving it during the course of the employment, because non-applicant No. 2 was in the employment of non-applicant No. 1 on that date. The aforesaid scooter was insured with non-applicant No. 3, insurance company. According to the respondent-claimant, on 12.3.1978 she had gone with her parents to the house of one Ratanlal who is related to the claimant. At 2 p.m. she went to the other side of the road of the house of Ratanlal for drinking water and after drinking water from the water tap when she was standing by the side of the road, the non-applicant No. 2 reached there driving the scooter in question in a rash and negligent manner and dashed the scooter against the claimant-respondent. As a result of the dash the claimant fell on the road and the wheels of the scooter passed over the right leg of the