S.S. Sodhi, J. - (1.) THE matter which arises for consideration in this appeal is with regard to the liability of the driver and his master for the damage caused in an accident by an unauthorised person driving a vehicle left unattended on a public road.
(2.) THE circumstances in which this question has arisen are that Saroj, a seven years old girl had just come out on to the road from her school, when a tractor came and ran her over. She died as a result of the injuries sustained at that time. This accident took place on December 13, 1974 at about 1 P.M., on the New Railway Road, Gurgaon just in front of Saint Crispin High School. The tractor belonged to the P.W.D. (B and R) Department. It was the finding of the Tribunal that the accident had been caused entirely due to the rash and negligent driving of the driver of the tractor. The driver thereof was Zile Singh, who was, however, not authorised to drive it and consequently neither the State of Haryana nor the Executive Engineer concerned could be held vicariously liable. The liability for payment of compensation in this case was thus of Zile Singh alone. A sum of Rs. 8,000 was awarded as compensation to the claimants, they being the parents of Saroj, deceased
(3.) THE evidence on record shows that the driver of the tractor was, in fact, Narinder Kumar. It was his testimony that while taking the tractor from Eros Cinema to the post office he stopped on the way and parked the tractor on the side of the road and went into a shop to drink water. When he went, he left the engine of the tractor running. It was then that Zile Singh is said to have driven away the tractor. Zile Singh was not shown to be either an employee of the Respondents or in any manner authorised to drive the tractor.;