SOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ONE Shri Yogesh Sharma lodged a report on 9th August, 1995 against the petitioner for offence under Section 279 and 304 -A of the Indian Penal Code (hereinafter referred to as the 'IPC', for short) for causing death of his wife Smt. Meena by rash and negligent driving. However, the trial Court acquittal the petitioner vide judgment and order dated 12th December, 2001. Shri Yogesh Sharma and his children also filed a claim petition claiming compensation under the provisions of the Motor Vehicle Act, 1988, before the Motor Accident Claims Tribunal, Jaipur, wherein an amount to the tune of Rs. 1,50,000/ - (Rupees : One Lac Fifty Thousand Only) together with interest @ 9%, was made in favour of the claimants and against the State -respondents/employer as well as the petitioner being driver of the vehicle. Though the State -respondents paid the amount of compensation to the tune of Rs. 2,23,638/ - (Rupees : Two Lacs Twenty Three Thousand Six Hundred & Thirty Eight Only), to the claimants, however, directed the petitioner to deposit the amount paid as compensation to the claimants, failing which deduction was to be effected from monthly salary of the petitioner. Aggrieved of the action of the State -respondents -employer vide communications dated 21st May, 2003, 16th July, 2003 and 25th July, 2003, the present writ proceedings have been instituted by the petitioner -driver of the vehicle.

(2.) THE learned counsel for the petitioner reiterating the pleaded facts and grounds of the writ application has contended that at the relevant time, the petitioner was driving the vehicle in course of his employment as an employee of the State -respondents -employer and therefore, he cannot be held liable to pay any part of the amount awarded as compensation in favour of the claimants by the Tribunal. In support of his submissions, the learned counsel has placed reliance on the opinion in the case of Randhir Singh v. Smt. Roshanara & Ors.:, 2001(2) T.A.C. 310 (Delhi) and State of Maharashtra & Ors. v. Kanchanmala Vijaysing Shrike & Ors.: : (1995) 5 SCC 695.

(3.) I have heard the learned counsel for the parties and with their assistance, perused the materials available on record.