BANA BAI Vs. COMMISSIONER OF INCOME TAX BHOPAL

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal, Bhopal, in Claim Case No. 80 of 1993, dated 9.2.1996.

(2.) Gopal Mahadu Patil (deceased) was caretaker with Nepa Mill Rest House, Bho pal. On 25.2.1991, he was hit by speeding Matador MOD 6750, driven rashly and negligently by Tejendra Pal Singh, owned by the respondent. He was shifted to Hamidia Hospital, Bhopal, where he died on 26.2.1991. The claimants are his widow Bana Bai and the three children, namely, (i) Chandrakala Patil, (ii) Vishnu Patil and (iii) Bhupendra Patil. They submit that the deceased was earning Rs. 2,200 per month whereon the family was dependent. Accordingly, compensation of Rs. 15,00,000 has been claimed.

(3.) The respondent No. 1 Tejendra Pal Singh, driver, has been proceeded ex pane, though he died during the pendency of the case. Similarly, Union of India has been proceeded ex pane. The Commissioner of Income Tax has contested the case. It is denied that the accident was caused by Matador No. MOD 6750. Driver was on leave on that date due to illness of his wife. Therefore, it is submitted that the claim be dismissed since master cannot be held liable in the case in which the vehicle is used against the instructions of the master during the leave period. Thus, alternative defence has also been taken.