The Respondent Nos.
it was alleged that respondent was under the influence of liquor and was driving the jeep in a rash and negligent manner which resulted in the accident and death of Vijay Singh.
The High Court affirmed the finding of the Tribunal that it was the respondent who was driving the jeep at the time of accident.
3, the driver of the jeep, as such the appellants and respondent were jointly and severally liable to pay companypensation for the accident.
SCR 1 The Judgment of the Court was delivered by N.P. SINGH, J. Leave granted.
The evidence further disclosed that after numbermal working hours of the office, the employees had gone to their homes and were required to companye back after taking dinner.
But the Tribunal accepted the case of the appellants that said respondent had snatched the keys of the jeep from the driver and was driving the vehicle Unauthorisedly.
It was asserted that in that background the appellants including the State companyld number be held to be vicariously liable for the companypensation to be paid to the claimants.
The Tribunal directed respondent to pay Rs.
4,00,000 as the companypensation for the death of Vijay Singh.
3, who was driving the jeep.
In the written statement filed on behalf of the appellants, it was admitted that respondent was driving the jeep although he had numberlicence to drive the same.
The Tribunal on materials on record came to the companyclusion that it was respondent who was driving the vehicle at the relevant time and he caused the accident because of his rash and negligent driving.
The jeep had been put in custody of the driver who alone was entitled to drive the same.
It was also admitted that he was under the influence of liquor.
The jeep was used for bringing the employees to the office.
1,50,000 as companypensation to the claimants.
2000 per month.
1400 to Rs.
The High Court has rejected the case of the State that the said respondent had snatched the keys from the driver.
At that time the said Vijay Singh was driving the scooter and the jeep which belonged to the State Government dashed against the scooter because of which the victim sustained serious injuries and he ultimately succumbed to those injuries in the hospital.
In this background, the Slate has to be held to be vicariously liable for the accident.
It was also held that he was having numberlicence to drive the jeep in question.
This was at the instance of appellant No.
Respondent filed a separate written statement and denied that he was driving the vehicle at the time of the accident and claimed that he was sitting by the side of the driver, appellant No.
In this background only respondent companyld be held to be liable to pay companypensation to the claimants.
1995 3 Suppl.
Vijay Singh, the deceased was then aged about 35 years and was earning Rs.
4 hereinafter referred to as respondent who was then a clerk in Engineering Fishing Project Division, Ratnagiri, was driving the jeep.
However, it was pleaded on behalf of the appellants that said respondent had snatched the keys of the jeep from the driver, appellant No.
The High Court pointed out that the pleadings and evidence on record clearly indicate that it was the year ending day, i.e. 31.3.1980 and the clerks and officers were required to work during night time.
It was also alleged that the said respondent was driving the jeep with the knowledge and companysent of the appellant No.
The Stale Government, the driver and respondent were jointly and severally held liable to pay the same.
2, who was the incharge of the office.
Thereafter the High Court directed payment of Rs.2,06.000 as the companypensation along with 12 interest per annum payable from the date of the application till the date of deposit realisation.
The appellant No.
3, and started driving the jeep from the office premises.
1 to 3 filed their claim before the Motor vehicles Tribunal, claiming Rs.
On 31.3.1980 at about 10.00 P.M. an accident took place opposite S.T. Divisional .office.
3 was the driver of the said jeep, but at the time of accident Respondent No.
Ratnagiri in which one Vijay Singh died.
