LAWS(P&H)-1997-4-20

PRIMARY LAND DEVELOPMENT BANK Vs. MANGAL CHAND

Decided On April 01, 1997
PRIMARY LAND DEVELOPMENT BANK Appellant
V/S
MANGAL CHAND Respondents

JUDGEMENT

(1.) THIS order will dispose of Letter's Patent Appeal Nos. 1180 of 1985 and 1181 of 1985.

(2.) THE charter of claim or the grounds of appeal for impugning the judgment of the Single Judge by the appellant-Bank in this L. P. A. is:- the identity of the driver of the hired jeep was not positively established and no documentary evidence adduced by Brij Lal-respondent that the Jeep was handed over on the request of the Manager. Thus, the vehicle was driven by a person who was not the employee of the Bank and the Tribunal has erroneously held the appellant vicariously liable.

(3.) SO far the quantum is concerned, the Bank has not challenged the same. Thus, we affirm the award of Rs. 70,000.00 for shortening the leg wherein the medical expert opined that there is a permanent disability to the extent of 30%. We too find that the compensation awarded is just in the facts and circumstances of the case and does not call for any interference.