G.M.LODHA,J. - (1.) THIS accident took place on 28th January, 1979 at about 11 -45 a.m. Shri Purshottam was driving a jeep racklessly and carelessly, belonging to the State of Rajasthan which was in charge of the Executive Engineer, Irrigation Chambal Command, Bundi resulting in the accident whereby Hari Mohan husband of appellant No. 1 and father of appellant No. 2 in Civil Misc. Appeal No. 206 of 1984 was crushed and died on account of serious injuries. Ram Baboo received serious injuries.
(2.) THE Tribunal has awarded compensation to the widow of Hari Mohan and daughter of Hari Mohan. Both Sita Bai and Ambika have filed this appeal for praying that the compensation is inadequate and in any case the State of Rajasthan should be directed to pay the compensation. Now the crucial question which has emerged in these four appeals is that so far as negligence and rashness is concerned, it is proved that Purshottam was driving the vehicle at the relevant time on behalf of and as authorised by Hari Prasad. The question is whether for this the State of Rajasthan is liable or not.
(3.) IT has come in evidence that the jeep was under the supervision of the Executive Engineer, Inrigation, Chambal Command, Bundi. He wanted to call officially one member of legislative Assembly Shri Manik Lal. He asked his driver to take the jeep and bring Manik Lal. The driver Hari Prasad in his turn took Purshottam Panwala with him. According to the statement of Hari Prasad Purshottam Panwala had some work with M.L.A. Manik Lal.;