HC Deb 16 November 1948 vol 458 cc177-8
9. Mr. J. P. W. Mallalieu

asked the Secretary of State for War why compensation was refused to Miss Florence Prince, of 27, Bland Street, Lockwood, Huddersfield, who was seriously injured by an Army vehicle.

Mr. Shinwell

As already explained to my hon. Friend, the vehicle which injured Miss Prince was being driven on an unauthorised journey. On the grounds that in similar circumstances a private employer would not be responsible in law for the unauthorised acts committed by his servant, my Department is unable to accept liability.

Mr. Mallalieu

Is my right hon. Friend aware that the driver of this vehicle stated on oath that he was on an authorised journey, and is he further aware that this accident has cost the lady all her life's savings? In view of these two facts, will he reconsider this case?

Mr. Shinwell

I am fully sympathetic with the position in which the lady finds herself, but I must repeat that the journey was unauthorised. I have inquired into this matter very carefully because I have sympathy with the lady concerned, as I know all hon. Members have, but I must say that we cannot accept liability in this case. If we did, we should find ourselves in great difficulties.

Mr. Drayson

Is the Secretary of State aware that in a very similar case in my own constituency £1,000 compensation was given to the parent of the man who was killed? Will he look into this matter again on behalf of the hon. Member for Huddersfield (Mr. J. P. W. Mallalieu)?

Mr. Shinwell

This is purely a legal matter. It is not a matter in which I can intervene. What happened in this case was that proceedings were instituted against the driver concerned and the plaintiff won; the difficulty arose on the question of recovering damages.

Mr. J. Langford-Holt

Would not the right hon. Gentleman agree that his Department has a responsibility for the discipline of his men and the security of these vehicles?

Mr. Shinwell

We tried to impose discipline in this case, but the driver refused to be disciplined.

Mr. Mallalieu

Would it be possible for the Minister to make an ex gratia payment?

Mr. Shinwell

The idea had also occurred to me. I am considering that point.