VIJAY KUMAR Vs. STATE & ORS.

JUDGEMENT

(1.) The petitioner is the owner of a vehicle (Matador) bearing Registration No. JK02H-8267, which was hired by the respondent-State for being used in election duty during the parliamentary elections held in Kashmir valley. This was done through Police Control Room, Jammu on terms and conditions, which are covered by notification dated 29th of Oct., 2008.

(2.) It appears that on 12.05.2009 at about 12 noon during the election period while the said vehicle was ferrying the policemen to Baramulla, a crowd of miscreants pelted stones on it and set the vehicle of the petitioner on fire, causing full damage to the said vehicle. The driver of the vehicle suffered major injuries and had a narrow escape. An FIR in this regard was registered at Police Station, Baramulla and the damaged vehicle is still lying in the premises of the Police Station at Baramulla.

(3.) The present petition was filed by the petitioner claiming damages on account of loss caused to his property on the ground that since the vehicle was requisitioned by the Government for being used in election duty, it was the duty of the Government to protect the property and in addition to the rental, which was to be paid to the petitioner in terms of the notification aforementioned, the Government should be held vicariously responsible for indemnifying the petitioner to the extent of the loss suffered by him.