SUPERINTENDENT OF POLICE Vs. ELAVARASI

JUDGEMENT

(1.) When the hired vehicle is in absolute control of the requisitioning authority and when the driver and other employees work under the direction and control of requisitioning authority and when the registered owner of the vehicle has no control over the use of vehicle, whether vicarious lability in respect of the accident would fall upon the registered owner or upon the requisitioning authority is the issue to be decided.

(2.) The hirer of the vehicle as the requisitioning authority, who was having control of the vehicle, and using it for election purpose was responsible for the death of a constable who was on election duty. The tribunal directed the requisitioning authority that is Superintendent of Police to pay the compensation. As against which the present appeal is filed.

(3.) The wife (P1 age 28), the children (P2 to P4 age 17, 12 and 8) and the father (P5 age 58) of the deceased Mahalingam, filed the claim petition for compensation estimating the damage and loss at Rs.7,00,000/-.