SECRETARY H P S E B Vs. RICHARD

JUDGEMENT

(1.) A claim petition under Section 166 of the Motor Vehicles Act for grant of compensation was filed by the husband and minor children of deceased Kamla Verma alleging that the deceased who was an employee in the H.P. State Electricity Board (hereinafter referred to as 'the Board') had to work after 5,00 p.m. Therefore, at about 6.30 p.m. she was permitted to take the official vehicle to go home. This vehicle met with an accident due to the rash & negligent driving of the driver resulting in her death.

(2.) On the other hand, the version of the driver is that he in fact along with the vehicle was at Bhata Kuffer on 29-10-1998. According to the driver he had received a telephonic call at the shop of one Mast Ram from Kamla Verma. Mast Ram had given him a message and he in turn had rung up Kamla Verma deceased. The deceased had asked the driver to bring his vehicle to her residence at Housing Board Colony to take her to hospital as she was feeling unwell. According to the driver he took the vehicle and after picking up the deceased he had just gone a little distance when the lights of the vehicle suddenly went off and he could not see the road and the vehicle rolled down from the edge of the road.

(3.) The case of the Board is that the driver was not authorised to carry the deceased. According to the appellant/Board only the Assistant Executive Engineer was authorised to grant permission for an employee to take the vehicle. The Assistant Executive Engineer appeared as R.W. 1. He stated that permission in this behalf could only be granted by him and in his absence by the Junior Engineer. On 29-10-1998 i.e. on the date of accident the Assistant Executive Engineer was not present at Shimla.