DEVINDER SINGH Vs. MANGAL SINGH

JUDGEMENT

(1.) WHETHER the vicarious liability of the owner of a motor 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 Clause X of the Letters Patent.

(2.) ON February 23, 1968, at about mid-day Mangal Singh, injured respondent, whilst going on his bicycle, with in 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 ad compound fracture of right medical malleolus. He was discharged from the hospital partially cured.

(3.) MANGAL Singh, respondent, preferred an application for compensation for a sum of Rs. 60. 000/- for injuries ad loss of his earning due to the disability caused thereby.