PREMWATI SONI JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals under Section 110-D of the Motor Vehicles Act, 1939, preferred by two sets of claimants, directed against the judgment of the Motor accidents Claims Tribunal, Bharatpur, dated 27-1-1973, raise a common question and therefore are disposed of by this common judgment.

(2.) THE Claims Tribunal has allowed the claim of compensation of Keshav Deo and others to the extent of Rupees 30,000/- for the death of Kedarnath Gupta, and that of Smt. Premwati Soni Jain and others to the extent of Rs. 15,000/-, for the death of Horilal Jain against the respondent No. 3 Harpal Singh who is a driver employed in the office of the District Forest Officer, Bharatpur, on its finding that the accident resulting in their death, was caused due to his rash and negligent driving of a Government jeep. It has, however, disallowed their claim for compensation against the employer, i. e. , the State of Rajasthan which owns the jeep, holding that the respondent No. 3 Harpal Singh, the driver having acted beyond the scope of his employment in giving lift to Kedarnath gupta and Horilal Jain, the State Government of Rajasthan could not. therefore, be held vicariously liable to pay damages for the death of these gratuitous passengers.

(3.) THE facts leading to these appeals, briefly, are these. On 12-9-1965 at about 6 P. M. , the respondent No, 3 Harpal Singh, took delivery of Jeep No. RJL 4245 registered in the name of Conservator of Forest, Rajasthan, Jaipur, from M/s. Vijay Motors, Bharatpur, where it had been given for repairs. Sher Singh, the driver of the Panchayat Samiti, Sewar, P. W. 2 whose jeep was also at the workshop for repairs but was not ready, got into the jeep and he took the wheel. Harpal Singh instead of taking the jeep to the garage, went on a spree along with Sher Singh. That evening Kedarnath Gupta, Accounts Clerk, panchayat Samiti, Sewar, along with Horilal Jain and Mewa Ram, were going to the city on foot. They stopped at the shop of Ramsingh Thakur near Kotwali, to take betels. At about 8 P. M. , when the jeep happened to pass that way, the respondent No. 3 Harpal Singh persuaded them to get into the jeep for a pleasure drive. They got into the jeep and Sher Singh took the jeep towards bharatpur Railway Station.