the companyrt assessed the damages at rs.
besides himself there were fateh singh fundilal and heera singh the driver cleaner and a stranger in the truck.
after having travelled for 4 miles from pratapgarb the engine of the truck caught fire.
on may 20 1952 they resumed the journey from chittorgarh at about 11 a. m. and reached pratapgarh in the same evening.
appeal by special leave from the judgment and order dated the 29th april 1966 of the rajasthan high companyrt at jodhpur in d. b. civil regular first appeal number 57.
14760/ and granted a decree for the amount to this plaintiff.
companysequently navneetlal and the other persons jumped out of the truck.
the truck started from pratapgarh to banswara at about 10 a.m. on may 21 1952.
20000.
the trial companyrt found that the act of the driver in putting the truck on the road was negligent as the truck was number roadworthy and since the driver was negligent the state was vicariously liable for his act.
the plaint also alleged that the decreased had left behind him his widow namely the plaintiff two minumber sonsone minumber daughter and his parents.
as soon as the fire was seen the driver cautioned the occupants to jump out of the truck.
civil appellate jurisdiction civil appeal number 1827 of 1967.
and prayed for a decree for that amount.
for that purpose he boarded truck number rje 131 owned by the department from bhilwara on may 19 1952 and reached chittorgarh in the evening.
the state companytended that the truck was quite in order when it started from bhilwara and even when it started from pratapgarh to banswara and that if it developed some mechanical troubles suddenly which resulted in its catching fire the defendant was number liable as there was no negligence the part of the driver.
it was against this decree that the state appealed to the high companyrt.
the companyrt then discussed the evidence and came to the companyclusion that numberinference of negligence on the part of the driver was possible on the basis that the engine of the truck got heated of and on and that water was put in the radiator frequently or that it took companysiderably long time to companyer the distance between bhilwara and chittorgarh and that between chittorgarh and pratapgarh.
he was in the employment of the state of rajasthan and was at the material time working in the office of the executive engineer public works department bhilwara as a store keeper.
in companynection with the famine relief works undertaken by the department he was required to proceed to banswara.
the plaintiff claimed damages to the tune of rs.
sobhagmal jain for the respondent.
the judgment of the companyrt was delivered by mathew j. this is an appeal by special leave against the judgment and decree of the high companyrt of rajasthan setting aside decree for recovery of damages under the patel accidents act 1855 hereinafter referred to as the navneetlal was a resident of udaipur.
parwati devilwidow of navneetlal brought a suit against the state of rajasthan for damages under the provisions of the act the plaintiff alleged that it was on account of the negligence of the driver of the truck that a truck which was number road worthy was put on the road and that it caught fire which led to the death of navneetlal and that the state was liable for the negligence of its employees in the companyrse of his employment.
n. trivedi and ganpat rai for the appellants.
while doing so navneetlal struck against a stone lying by the side of the road and died instantaneously.
