AD HOC COMMITTEE THE INDIAN INSURANCE COMPANY Vs. RADHABAI

JUDGEMENT

(1.) This order shall also dispose of Miscellaneous First Appeal No. 191 of 1971 and Miscellaneous First Appeal No. 16 of 1972.

(2.) The facts leading to these appeals are that a motor vehicle bearing registration number MPJ 9132 was involved in an accident on 3rd June 1965 at Nainpur in which one Babulal died. Babulal's widow and son, namely, Radhabai and Ravishankar, applied to the Motor Accidents Claims Tribunal for award of compensation. The Tribunal by its award, dated 18th September 1971, has allowed the claim for compensation to the extent of Rs. 9,486/-. Interest from the date of the claim petition upto payment at the rate of 4% per annum has also been allowed. All these appeals have been filed against the award.

(3.) The facts found are that the vehicle involved in the accident belonged to the State and that at the relevant time it was allotted to the Primary Health Centre, Nainpur. At about 10 P.M., one Satyanarayan approached Dr. Tiwari, Assistant Civil Surgeon, Nainpur, with a request that the vehicle be allowed to be taken to a place at a distance of 12 miles from Nainpur where some children were seriously ill with a view to bring them for treatment at Nainpur. This request was allowed by Dr. Tiwari. The vehicle was entrusted to Lallu, who was a driver in Government employment, for bringing the ailing children. When the vehicle left the hospital premises, it was being driven by Lallu. Satyanarayan was also in the vehicle. Lallu stopped the vehicle near the Petrol Depot of Narendra Kumar Jain and got down to take petrol in a petrol can. After taking petrol, when the vehicle left the depot of Narendra Kumar Jain, it was driven by Satyanarayan, who was on the steering wheel and Lallu was sitting beside him. After some distance from the petrol depot, the accident happened. The vehicle first struck an empty cot belonging to one Pande which was on the right hand side of the road. The vehicle then swerved towards the left and hit the cot on which Babulal was sleeping. Babulal, it appears, died on the spot. The Tribunal has found that the road was sufficiently wide and had the vehicle been properly driven, the accident would not have happened. The Tribunal further found that although Satyanarayan was actually driving the vehicle, Lallu was negligent in permitting Satyanarayan, who had no driving licence, to drive the vehicle. The Tribunal held that the accident happened in the course of employment and the State was vicariously liable for the negligence of Lallu. The Tribunal also held that apart from the State, Satyanarayan, Lallu and the Insurance Company were also liable. The claim was, however, dismissed against the Civil Surgeon who was also joined as a party before the Tribunal.