RAM NARAYAN SINGH Vs. ELECTION COMMISSION

JUDGEMENT

(1.) - The salient and meaningful questions which arise for determination before this Full Bench may be formulated in the following terms:

(2.) The relevant facts of the case are not in serious dispute and, therefore, may be noticed with relative brevity. The petitioner is the owner of a vehicle (Jeep) bearing registration No. BHD 7273. The said vehicle was insured with the Oriental Insurance Company Limited for the period commencing from 5-10-1989 to 4-10- 1990. The District Magistrate-cum-Returning Officer, Muzaffarpur, while exercising a delegated power on behalf of the State Government under Secs. 160 and 161 of the Act, requisitioned and seized the Jeep for election purpose on 17-11-1989. This is not in dispute that while the jeep was on election duty, met with an accident with a running train on 26-11-1989.

(3.) When the jeep was released by the G.R.P. men, the petitioner made a claim before the Additional District Magistrate, Muzaffarpur, for payment of hire charges and also due compensation for the loss and damages due to accident. The Additional District Magistrate, thereafter, on 15-3-1990 wrote a letter to the Divisional Manager, Oriental Insurance Company to inform whether any payment in shape of compensation was made, since the jeep had met with an accident near railway gumti on 26-11-1989. The Divisional Manager by his letter dated 2-4-1990, informed the Additional District Magistrate that as per condition No. 7 of the "General exceptions" of the policy the company was not liable for the loss or damages sustained or incurred during the period of requisition of a vehicle by the Government.