GRAY HOUND TRANSPORT CO Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ application the petitioner has prayed for issuance of an appropriate writ directing the respondents to pay compensation on account of total loss and damage to the vehicle caused by explosion and fire by the terrorists/extremists and also for payment of hire charges and damages.

(2.) The petitioner is the owner of the vehicle namely Tipper'having registration No. 20G/5275. The vehicle was requisitioned by the respondents and seized on 14-9-99 at Khelari in the disrict of Ranchi for the purpose Parliamentary Election, 1999. On 16-9-99 said vehicle was sent to Palamau in the custody and possession of respondent No. 5, the Deputy Commissioner-cum-returning officer, Palamau. On 18-9-99 while the said vehicle was on election duty, it was completely damaged and destroyed by explosion caused by terrorists/extremists at Balumath police station. During the relevant time the said vehicle was carrying the officers and election materials for conducting election. In the said incident some of the officials also died. A Criminal case was regisered being Balumath PS Case No. 29/99. The vehicle was further set on fire by he terrorists who also took away some of the parts of the vehicle. Since the aforesaid vehicle was completely destroyed, it was not released from requisition and possession thereof was not delivered to the petitioners. The petitioner, therefore, lodged a claim for payment of compensation for the loss and damage caused to the said vehicle. The petitioner also claimed hire charges at the rate of Rs. 1000.00 per day from 14-9-99 till the date of payment. The petitioner also served legal notice to the respondents to pay compensation amounting to Rs. 6,00000.00 (six lacs) being the value of the Tipper and also the hire charges. The respondents neither replied nor paid the compensation and hire charges.

(3.) Respondents 2 to 4 filed their counter affidavit wherein it was admitted that in the general election of Lok Sabha, 1999 the vehicle in question was requisitioned under Section 160 of the Representation of the People Act, 1951 and the vehicle was sent to respondent No. 5 and it was damaged and destroyed by explosion caused by the errorists/extremists within the jurisdiction of Balumath police station. However, it is stated that the petitioner has not disclosed the fact wheher he vehicle was insured or not. If so, the Insurance, company may be held liable for payment of compensation. It is stated that the respondents are liable only for paymet of hire charges for the dumper driven by the driver and the khalasi.