K ANANDAN Vs. AMMALU GOMATHI

JUDGEMENT

(1.) Appellant is the first respondent in OP (MV) No. 544 of 1979 before the Motor Accidents Claims Tribunal, Trivandrum. The Applicant filed the application for compensation in respect of an accident in which she sustained injuries. The accident is alleged to have occurred on 16-6-1977 at 11.45 a. m. while she was walking along the road. The Tribunal awarded compensation for an amount of Rs. 6.000/- holding that the accident occurred a a result of the rash and negligent driving of the vehicle by the 2nd respondent.

(2.) The parties will be referred to in the judgment by their ranking before the Tribunal.

(3.) The applicant's case is that on 16-6-1977 at about 11.45 a. m. while she was walking along the road she was hit by the scooter driven by the respondent in a rash and negligent manner and caused her serious injuries including fracture on the right leg. The applicant was admitted in the Medical College Hospital, Trivandrum for treatment. The first respondent filed counter statement admitting his ownership over the scooter but contending that he had entrusted it for repairs to a workshop and the second respondent who was a mechanic in the workshop drove the scooter for test after repairs and it was then that the accident occurred. According to him, the second respondent was not his employee and therefore no liability can be fastened upon him.