FRANCIS Vs. INDIRA

JUDGEMENT

(1.) DRIVER and owner of a jeep are the appellants before us. They assail the impugned award under which they have been mulcted with the liability to compensate the claimants by paying the amount of Rs.1,63,972.00.

(2.) EVERY possible plea was raised to dispute the claim. One thing is certain. The vehicle involved in the accident is a jeep belonging to the 3rd respondent. The 1st respondent is his brother in law and he is qualified to drive the vehicle. The vehicle appears to have been involved in a crime relating to carriage of raw cashew nuts (which was an offence at the relevant time). The vehicle along with the cashews seized had to be produced before the Revenue Divisional Officer under the relevant law. It could not be produced on 30.04.1987 or on the subsequent dates. On 05.05.1987 that vehicle which was available at Bedakam Police Station was being taken to the office of the Revenue Divisional Officer. The accident occurred while the vehicle was being so taken from Bedakam police station to the office of the Revenue Divisional Officer at Kanhangad.

(3.) THE State was also arrayed as a party on the plea that the vehicle was after its seizure in a crime under the complete control of the State at the relevant time.