DARSHAN SINGH Vs. GENERAL MANAGER

JUDGEMENT

(1.) THE challenge in appeal here is founded upon the wholly untenable contention that no action for compensation against the driver of the offending motor-vehicle that is the tort-feaser, is maintainable without also impleading his master, who may be vicariously liable for the accident.

(2.) THE appellant-Darshan Singh, was the driver of the Punjab Roadways bus that caused the accident in the present case. By his rash and negligent driving of the bus, he knocked down and killed Ajit Singh, who was on his way home on cycle. This happened on June 11, 1977 on Morinda-Kharar Road. A sum of Rs. 3,000/- was awarded as compensation to Smt. Dwarki the mother of Ajit Singh deceased. The liability for payment of the amount awarded was fastened upon the appellant Darshan Singh alone as only he and the General Manager, Punjab Roadways had been impleaded as parties to the claim application and the Tribunal rightly held that the General Manager was not the master or owner of the vehicle and could not, therefore, be held vicariously liable.

(3.) IT was also argued that the appellant stood prejudiced by the non-impleading of the State of Punjab as, had it been impleaded as a party, the burden of paying the compensation awarded, would have been shifted upon it instead of it lying wholly upon the appellant now. This is indeed a contention wholly devoid of merit.