PRABHAVATI Vs. ANTON FRANCIS NAZARETH

JUDGEMENT

(1.) This appeal by the claimant is directed against the judgment and award dated 20-8-1977 passed by the Member, Accidents Claims Tribunal, Karwar, Uttara Kannada, in MC (MVC) No. 24 of 1975, on his file, awarding compensation of Rs. 6,000 to the injured girl Prabhavathi.

(2.) It is the case of the claimant that the truck bearing registration No. MYE. 4513 driven in a rash and negligent manner on 18-1-1975 at about 10-00 p.m. dashed against her, coming on the wrong side, as a result of which her left leg below the knee was fractured. She is unable to stand for long, gets pain in the leg, cannot walk fast and there is deformity in her left leg. She has lost prospects of marriage with a good boy. On these averments, she claimed Rs. 24,000 as compensation from the respondents.

(3.) Respondent-1 is the owner of the truck in question. Respondent-2 was the person who actually drove the vehicle. Respondent-3 is the insurer. Respondent- 1, the owner of the vehicle, took up the plea that the truck was taken away without his permission by his cleaner for his own work and that therefore, he was not liable for compensation. The contention of the owner was supported by respon- dent-2. Respondent-3, the Insurance Company, contended that it was not liable to pay compensation as the vehicle was not taken for purposes of the owner and without his consent by a person without driving licence.