STATE OF H.P. Vs. SANDEEP BHARDWAJ

JUDGEMENT

(1.) This appeal at the instance of the State of Himachal Pradesh is against award dated 22.3.1991 passed by Motor Accident Claims Tribunal, Shimla (hereinafter called 'the Tribunal') whereby the claim petition of Respondents-claimants was allowed and an amount of Rs. 2,19,000/- was awarded as compensation against the Appellants and Respondent No. 4. The Respondents-claimants are Class I heirs and legal representatives of deceased Shri Dev Parkash Bhardwaj, who was crushed to death on 3.8.1989 at about 10.00 P.M. near Military Police Checkpost at Kingal, Tehsil Ani, District Kullu by truck No. HPA 7622, owned by Appellant No. 1 and driven by Respondent No. 4. At the time of accident deceased Dev Parkash Bhardwaj was serving as Assistant Field Officer (Technical) in the office of Area Organiser, Mahasu Area Camp Kumarsain, District Shimla.

(2.) In reply to the cause of accident, as given in the claim petition, that while reversing his truck Respondent No. 4 had driven rashly and negligently without taking reasonable care and crushed deceased Dev Parkash Bhardwaj to death, the Appellants have taken the defence that Respondent No. 4 was not on official duty at the relevant time, as such, they were not vicariously liable to pay compensation to the Respondents-claimants. However, they have not denied the accident and consequent death of Dev Parkash Bhardwaj. Further, they have denied that the accident had taken place due to rash and negligent driving of Respondent No. 4. It appears from the record of the Tribunal that Respondent No. 4, the driver of the vehicle did not file any reply to the claim petition. He was duly served in the claim petition in pursuance to which he had appeared in person on 22.5.1990 but thereafter neither he appeared in person nor he was represented by any Counsel.

(3.) On the pleadings of the parties the following issues were framed: