RANDHIR SINGH Vs. ROSHANARA

JUDGEMENT

(1.) One Ali Ramjan a child of eight years came under the wheel of the bus and died on 4.6.92. The bus at the relevant time was owned by respondent No. 4 and was being driven by the appellant. Claiming compensation under the provisions of the Motor Vehicles Act, 1988, a petition was filed by the legal heirs of the deceased and by the impugned Award the Tribunal while holding that the accident Was caused due to the rash and negligent driving of the driver of the bus passed an Award of Rs. 50,000 .00 in favour of the claimant and against the driver and the owner of the bus. The learned Tribunal further directed the driver to pay 40% of the awarded amount and the balance amount was directed to be payable by the DTC. Being aggrieved by that part of the Award whereby the Tribunal had directed the driver to pay 40% of the awarded amount the present appeal was filed by the driver of the bus.

(2.) It is contended that the appellant at the relevant time was driving the bus during the course of his employment and he, therefore, cannot be held liable to pay any part of the amount awarded in favour of the claimants by the Tribunal. Reliance for this has been placed on the judgment of State of Maharashtra v. Kanchan Mala Vijay Singh Sheikh, I (1996) ACC 109 (SC).

(3.) I have gone through the impugned Award and have also heard learned Counsel for the parties. In the impugned Award the Tribunal has not held as to why the driver should pay 40% of the awarded amount. There is nothing in the Award to suggest as to why the appellant was held liable to pay 40% of the amount. As held by the Supreme Court in the aforesaid case, once it is established that the negligent act of the driver was in the course of employment, the State shall be liable to make payment of the amount of compensation. It has also been held by the Allahabad High Court in UPSTRC v. Pratap Singh, II (1994) ACC 153 (DB) that if an accident takes place when the driver is performing his duties during the course of his employment, the Corporation is liable to pay any compensation payable on account of the said accident and the driver shall not be made liable for the same.