LALIT KISHORE Vs. RAMJI LAL AND ORS.

JUDGEMENT

(1.) Ramjilal, who is the first respondent in this appeal, field an application under section 110 A of the Motor Vehicles Act, 1939 before the Motor Accidents Claims Tribunal, Jodhpur (hereinafter referred to as "the Tribunal"), claiming a sum of Rs. 73,304/- by way of damages for the injury sustained by him in a motor vehicle accident which took place on Sept. 20, 1967. According to the averments in the said application the 'Tempo' (Three wheeler Motor Vehicle meant for carrying passengers bearing No. RJQ 7214 was carrying passengers from Jodhpur to Ajmer on Sept. 20, 1967. Ramjilal was one of the passengers from travelling in the said 'Tempo' which belonged to the appellant Lalit Kishore and was driven by second respondent Kalyan Sharma. The third respondent, the Premier Insurance Company was the insurer of the 'Tempo' during the relevant period. At about a distance of two miles ahead from Bilara the 'Tempo' turned turtle due to rash and negligent driving of the driver with the result that Ramjilal received severe injuries on the left arm, so much so that the left arm had to be ampulated at the Mahatma Gandhi Hospital, Jodhpur. Ramjilal therefore, filed an application under section 110A of the Motor Vehicles Act, 1939 and claimed compensation as aforesaid. The opposite parties opposed the claim. Respondent No. 2 after filing the written statement did not put in appearance and he was proceeded ex parte. The owner Lalit Kishore being a minor and his father the natural guardian having refused to put in appearance and contest the claim, the Tribunal appointed Shri Manak Chand Bhansali, Advocate to be the guardian-ad litem to represent the minor. Shri Manak Chand Bhansali filed written statement and denied that the vehicle was driven at a rash and negligent manner. It was pleaded that on Sept. 20, 1967, that is, the date of accident neither the 'Tempo' could be taken for hire to Ajmer, nor was the driver permitted to run the 'Tempo' outside the Municipal limits of Jodhpur. It was further pleaded that the claimant took the 'Tempo' from Jodhpur in collusion with the driver against the consent of the owner. The insurer in his written statement stated that the 'Tempo' was covered with a contract carriage permit to ply it within the Municipal area of Jodhpur City and it had no permit to ply beyond and the Municipal limits of Jodhpur. It was also pleaded by insurer that the 'Tempo' did not possess even fitness certificate. The insurer also pleaded than its liability extends only to the extent of Rs. 4000.00 and not beyond that amount.

(2.) On the pleadings of the parties the Tribunal framed the following issues:

(3.) On consideration of the evidence led by the parties; the Tribunal found that the accident took place on account of rash and negligent driving of the 'Tempo' by the driver, It further found that on account of the accident the claimant Ramjilal suffered a permanent disablement of his left arm. The Tribunal decided issue No. 3 and issue No. 4 against the opposite party. It was held that the father of Lalit Kishore obtained registration certificate of the 'Tempo' in the name of his son Lalit Kishore on Sept. 13, 1967 and got the 'tempo' insured with the insurer namely, the Premier Insurance Company. The Tribunal further held that the driver Kalyan Sharma was the servant of Lalit Kishore on the date of the accident & that the relationship of master on servant existed between the two and that date. The Tribunal further held that the driver Kalyan Sharma was acting as driver under the direct control and supervision of his master and that being the case the owner of the Tempo' was vicariously liable for the rash and negligent driving of the driver Kalyan Sharma. It was also held that the rash and negligent act committed by the driver Kalyan Sharma was in the course of his employment and within the scope of his authority. The Tribunal then dealt with the question of quantum of compensation and awarded a sum of Rs. 13,200.00 by way of damages to the claimant Ramjilal. Out of this amount the Tribunal restricted the liability of the Premier Insurance Company unto Rs. 4000.00 only.