GANGA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The present writ petition has been preferred by the owner of the Tata 709 Truck (Full Dala) and having registration No. JH-05T-0156 of 2007 model. This vehicle was requisitioned by the Election Commissioner for the purpose of Lok Sabha Election of the year, 2009 and when the vehicle was under the control of the election officers, the vehicle was burnt to ashes and therefore, the Petitioner is claiming the damages and as the Respondents have not paid, this writ petition has been preferred.

(2.) Counsel for the Petitioner submitted that the vehicle, in question, is owned by the Petitioner having aforesaid registration number of the model, 2007. Because of Lok Sabha Election, vehicle, in question, was requisitioned. The vehicle, in question, was in total control and possession of the election officers of the Respondents-State. The vehicle was burnt on 24th April, 2009 when it was under the use by the election officers at village-Jamtai, Sonua Block at District-Singhbhum West. These facts have been stated in detail, in the memo of the present petition. As the vehicle was burnt into ashes, the Petitioner is entitled for the damages especially, in view of the decision rendered by the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. v. Deepa Devi and Ors. as, 2008 1 SCC 414.

(3.) Counsel for the Respondents submitted that it is true that the vehicle, in question, was requisitioned because of Lok Sabha Election by the electoral officers elected by the State. The vehicle, in question, was also in total possession and control of the State authorities. It is also fact that the vehicle was burnt into ashes on the date and place, as stated in the memo of the petition. But, the question is that who has to pay the compensation to the Petitioner whether the Respondents-State or the Insurance Company because the vehicle, in question, was having insured and therefore, unless that aspect of the matter is decided, total liability is fastened upon the Respondents-State.