AMMUKUTTY AMMA Vs. UNION OF INDIA

JUDGEMENT

(1.) -

(2.) THIS is an appeal preferred by the original Plaintiff against the judgment and order dated 27.1.1983 passed by the Court of Civil Judge, Senior Division Nasik in a suit filed by the Appellant. The trial Court has passed a decree for Rs.50,000/- against the 2nd Respondent/2nd Defendant and did not pass any decree against the 1st Respondent/1st Defendant. The claim of the Appellant in the suit was for the sum of rupees five lakhs as damages. Being aggrieved by the judgment and decree the present appeal is preferred by the original Plaintiff.

(3.) MR. Khemka, learned Counsel appearing before us submitted that the trial Court was in error in absolving the 1st Respondent of its liability for the acts of assault committed by the 2nd Respondent. He submitted that the deceased was taking training in the establishment of the 1st Respondent and admittedly the incident happened during such training on the premises of the 1st Respondent at the hands of the 2nd Respondent, an employee of the 1st Respondent. It was, therefore, his submission that the 1st Respondent cannot be absolved of its liability. The learned Counsel relied on a decision of the Supreme Court in the case of N. Nagendra Rao & Co. versus State of Andhra Pradesh reported in A.I.R. 1994 S.C. 2663 wherein it was inter alia held that State can be held liable for negligence of its officers. In view of this decision and on going through the facts we find that the trial Court has rightly come to the conclusion that the death of the deceased has been caused at the hands of the 2nd Respondent who had assaulted however we have no hesitation in coming to the conclusion that both the Respondents were responsible for the sad demise of the deceased and should be held liable for the damages.