STATE OF U P Vs. SANTOSHI DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the State of U. P. as well as the R. T. O. , Pauri Garhwal, against the judgment and decree dated 14-8-1992 passed by the District Judge, Chamoli in Civil Suit No. 14 of 1988 Smt. Santoshi Devi Vs. State of U. P.

(2.) BRIEF facts of the case are that Smt. Santoshi Devi was the owner of Truck No. U. T. S. 436. The said truck was requisitioned by the State of U. P. for Lok Sabha election purposes and writ ten information was sent to the plain tiff on 6-12-1984. The said Truck along with its driver and cleaner was handed over to the R. T. O. by the plaintiff on 19-12-84. Thereafter the truck was given in the supurdagi of Election Officer, Faizabad. On 19-12-1984, at about 7 RM. when the Truck was being carried to Faizabad, it met with an accident near Dhampur Chungi Chauki. The driver and cleaner of the truck sustained injuries. The truck was also damaged in the accident. On the instruction of the defendant / appellant the truck was car ried to the workshop Kotdwara for nec essary repair. The plaintiff got it repaired and the bills were sent to the defendant / R. T. O. for payment. The plaintiff de manded Rs. 9000/- as rent of the truck and Rs. 39,154-30 towards repair ex penses. The plaintiff also wrote to the New India Assurance Company Haridwar with which the offending truck was insured, to pay the damages caused to the truck, but she was informed that the truck was requisitioned by the State Government for election purposes, hence the State is liable to pay the compen sation. The plaintiff filed suit for recov ery of total sum of Rs. 69,823-60, which included the rent of the vehicle, repair charges and the interest for three years @ 15% per annum.

(3.) THE trial court framed the rel evant issues in the suit. THEreafter par ties adduced evidence. THE trial court on hearing learned counsel for the par ties and perusing the material available on record, decreed the suit of the plain tiff / respondent Smt. Santoshi Devi and directed that the appellant Nos. 1 and 2 shall pay a sum of Rs. 69,823=60 R as compensation along with an interest.