BABU RAM Vs. KEWALA DEVI & OTHERS

JUDGEMENT

(1.) Under the impugned award recorded by the learned MACT-II Una, the relevant indemnifactory liability of compensation amount adjudged therein, stood fastened upon the owner of the offending vehicle, who stood arrayed therein as respondent No.2. During the pendency of the appeal, the driver of the offending vehicle namely Amarjeet, respondent No. 4 herein, is disclosed to expire on 26.3.2015. The factum of his demise occurring on 26.3.2015, is supported by an affidavit sworn by the applicant/appellant. The learned counsel appearing for the parties fairly submit before this Court that there is no dispute with respect to the applicant/appellant engaging deceased Amarjeet, as a driver upon the offending vehicle. Also, even when the impugned award recorded by the learned MACT-II Una, with respect to the indemnificatory liability of compensation amount adjudged, therein, being upon the attraction hereat of the principle of vicarious liability of the employer for the toritious act of the servant, as the deceased employee Amarjeet is vis-à-vis his employer, hence fastenable upon the applicant/appellant, stands sustained by this Court, thereupon also, upon attraction vis-à-vis the deceased, the aforesaid principle hence rendered the indemnificatory liability in respect of compensation amount to obviously remain unfastenable upon the deceased. Consequently, when the estate of deceased Ajmarjeet when would never be encumbered with any liability with respect to realization of compensation amount therefrom, hence on demise of Amarjeet, his estate is not enjoined to be represented by his LRs. The prayer made in the application is allowed. The name of respondent No.4 is ordered to be deleted and struck off from the array of the respondents. Necessary corrections be carried out by the Registry of this Court. The application stands disposed of.