D RAJAPATHI Vs. UNIVERSITY OF MADURAI

JUDGEMENT

(1.) The facts, giving rise to this civil miscellaneous appeal may be briefly stated: The University of Madurai had obtained the State Governments permission to raise buildings for staff quarters at Madurai. The actual work of construction of the buildings and their supervision were with the Directorate of Technical Education, Technical Division Madras, which is a department of the state Government. Rajapathi, the appellant in this civil miscellaneous appeal is an Assistant Engineer, Public works Department, Madras. It was part of his duty to supervise the construction of the staff quarters in the Madurai University, for he was attached, in that capacity, to the office of the Directorate of Technical Education. For going on official inspection duty, the appellant the use of a jeep belonging to State- University. The driver of the jeep, however, was an employee of the State Government under the control of the Director of Technical Education, Madras.

(2.) One day at about 7 a. m. the appellant traveled in this jeep to go to some place in connection with his inspection day. The vehicle-was driven by the department's driver. On the way, the vehicle met with an accident. The appellant fell from the jeep and sustained injuries. He wits treated in a hospital as an inpatient. The accident left him with a disability in his right hand.

(3.) The appellant thereupon moved the Motor Accidents Tribunal, Tiruchirapalli, for compensation under different heads such as medical expenses for treatment of the injury pain and suffering, loss of earn etc. e sought to make liable (1) the Madurai University who was the owner of the jeep; (ii) the driver of the jeep and (iii) the Insurance Company who had covered third party risk for the vehicle. These were the only respondents to the appellant's claim application before the tribunal. The appellant did not implead or seek any relief against the State Government or the Directorate of Technical Education as the employer of the jeep driver.