NENU Vs. CHANDGI RAM

JUDGEMENT

(1.) Heard learned counsel for the appellant and the learned Assistant Government Advocate. Nobody appeared on behalf of respondent No. 1.

(2.) Brief facts of the case are that the accident occurred on 10.7.1979 causing death of one Bhanwari Lal, who was of the age of 13 years only. The Motor Accidents Claims Tribunal held that the respondent No. 1 Chandgi Ram was driving the vehicle Motor Grader without the permission of the respondent State and its officers. The Tribunal held that respondent No. 1 is personally liable for the compensation. The Tribunal assessed the income of the deceased as Rs. 6 to 7 per day and held that the deceased would have given Rs. 3 per day to his mother. The Tribunal applied the multiplier of 15 and awarded total compensation of Rs. 16,200.

(3.) Learned counsel for the appellant submitted that the Tribunal committed illegality in exonerating the State from the liability. According to learned counsel for the appellant, in fact, the respondent No. 1 was permitted to drive the vehicle and he caused the accident while he was in service of the respondent State. Therefore, the respondent State is vicariously liable. The learned counsel for the appellant also submits that compensation awarded is too low.