STATE OF HIMACHAL PRADESH Vs. SAROJ BALA

JUDGEMENT

(1.) The above appeal by the State of H.P. is directed against the judgment and order dated 18.1.1992 of Motor Accidents Claims Tribunal (II), Sirmaur District at Nahan in Claim Petition No. 19-N/2 of 1990, whereunder the legal representatives of deceased Baldev Singh have been awarded a sum of Rs. 2,00,000 by way of compensation.

(2.) Baldev Singh was working as Head Constable in Police Station, Paonta Sahib in the year 1989. On 14.8.1989, he was travelling in the mini bus No. HIN 575 belonging to the appellant State on his official duty. Rehmat Ali respondent No. 5 herein was the driver of the said bus which was going on Badripur-Jamniwala Road on the relevant day. The said bus met with an accident, resulting in the death of Head Constable Baldev Singh. The legal representatives who are the widow and minor sons and daughter of deceased Baldev Singh filed claim petition before the Tribunal below, inter alia, on the ground that the accident occurred due to rash and negligent driving of the bus in question by respondent driver, who was under the influence of liquor and could not control the vehicle. The age of the deceased was said to be 35 years and his monthly income/salary was Rs. 2,000.

(3.) Written statement on behalf of the State was filed by the Director General of Police, H.P. admitting the accident. He stated that on 14.8.1989 at about 9.45 p.m., a telephonic message was received in the police station to the effect that Tarsem Singh of village Badripur was giving beating to his father Banta Singh which required immediate action by the police. On such information, Head Constable Baldev Singh proceeded to village Badripur along with Head Constable Chaman LaL and LHC Mehal Singh through mini bus No. HIN 575. The bus was being driven by respondent driver. During the course of investigation, it came to light that when the police officials reached Badripur, said Tarsem Singh and his father Banta Singh had reconciled their differences and, therefore, no action was required to be taken by the police. Thereafter Head Constable Baldev Singh instead of returning to the police station went to the house of one Surjit Singh of the same village who was known to Baldev Singh and obtained two bottles of liquor from him which were consumed by HC Baldev Singh and respondent driver. Later on, half bottle of liquor was again obtained from Surjit Singh and the same was also consumed by HC Baldev Singh and respondent driver. The other policemen accompanying them did not take the liquor. After consuming the liquor HC Baldev Singh directed respondent driver to drive the said mini bus to the police station and the driver complied with accordingly. It was further stated that the respondent driver was under the influence of liquor and he could not control the bus resulting into the accident. He pleaded that respondent driver took liquor which act was beyond the scope of his duty and thus the State of H.P. was not responsible for the negligent act of the respondent driver and, therefore, Baldev Singh was himself responsible for the accident resulting into his death.