- (1.) THIS appeal has been filed by the State of U. P. as well as the R. T. O. , Pauri Garhwal, against the judgment and decree dated 14-8-1992 passed by the District Judge, Chamoli in Civil Suit No. 14 of 1988 Smt. Santoshi Devi Vs. State of U. P.
(2.) BRIEF facts of the case are that Smt. Santoshi Devi was the owner of Truck No. U. T. S. 436. The said truck was requisitioned by the State of U. P. for Lok Sabha election purposes and writ ten information was sent to the plain tiff on 6-12-1984. The said Truck along with its driver and cleaner was handed over to the R. T. O. by the plaintiff on 19-12-84. Thereafter the truck was given in the supurdagi of Election Officer, Faizabad. On 19-12-1984, at about 7 RM. when the Truck was being carried to Faizabad, it met with an accident near Dhampur Chungi Chauki. The driver and cleaner of the truck sustained injuries. The truck was also damaged in the accident. On the instruction of the defendant / appellant the truck was car ried to the workshop Kotdwara for nec essary repair. The plaintiff got it repaired and the bills were sent to the defendant / R. T. O. for payment. The plaintiff de manded Rs. 9000/- as rent of the truck and Rs. 39,154-30 towards repair ex penses. The plaintiff also wrote to the New India Assurance Company Haridwar with which the offending truck was insured, to pay the damages caused to the truck, but she was informed that the truck was requisitioned by the State Government for election purposes, hence the State is liable to pay the compen sation. The plaintiff filed suit for recov ery of total sum of Rs. 69,823-60, which included the rent of the vehicle, repair charges and the interest for three years @ 15% per annum. The defendant R. T. O. contested the suit by filing the W. S. and admitted that the offending truck was requisitioned for election purposes. The accident was also admitted. However, it was alleged that the truck did not reach to its desti nation at Faizabad and it met with ac cident in the way while going to Faizabad, hence the liability of damages caused to it, is on the shoulder of the owner herself. It was also alleged that plaintiff did not submit the bills of re pairs within the requisition period, hence she cannot get the damages. The suit is not maintainable as the notice U/s 80 C. P. C. was not in accordance with the provision of C. P. C. The defendant New India Assur ance Company also filed its W. S. and alleged the vehicle was requisitioned for government purposes, hence by virtue of condition No. 7 of general exception of insurance policy the insurance company is absolved from the liability to pay any compensation.
(3.) THE trial court framed the rel evant issues in the suit. THEreafter par ties adduced evidence. THE trial court on hearing learned counsel for the par ties and perusing the material available on record, decreed the suit of the plain tiff / respondent Smt. Santoshi Devi and directed that the appellant Nos. 1 and 2 shall pay a sum of Rs. 69,823=60 R as compensation along with an interest. Feeling aggrieved by the aforesaid judgment and decree the State of U. P. and the R. T. O. Pauri Garhwal have come up in appeal.;