Executive Engineer, T.L.S.C., P.S.E.B., Division vs Jaspal Singh and Others

Vinod K. Sharma, J.—The present appeal has been filed by the Executive Engineer, T.L.S.E. Punjab State Electricity Board against the award of learned Motor Accident Claims Tribunal, Rup Nagar (for short the Tribunal) dated 19.9.1086. Though the relief claimed in the present appeal was for setting aside the order passed by the learned Tribunal and for dismissal of the claim petition, however, the Hon''ble Division Bench admitted the present appeal merely qua the question of inter-se liability of the appellant and respondent No. 3 i.e. the Punjab State Irrigation Department. The learned Tribunal came to the conclusion that Asgar Ali had died as a result of rash and negligent driving of Truck No. PNS-4189 by its driver Jaspal Singh and on the basis of the said finding compensation to the tune of Rs. 78,000/- was granted to the claimants. The learned Tribunal had also fastened the liability on the driver Jaspal Singh and the appellant being the employer.

The only contention raised in this appeal is that the truck belonged to the Irrigation Department and therefore, being the owner of the truck they were to be held liable along with the driver, and the appellant could not be fastened with any such liability.

The evidence on record brought in the case showed that the truck was on loan with T.L.S.C. Division, Punjab State Electricity Department though it belonged to the Irrigation Department. The learned Tribunal by relying upon the judgment in case of Brij Lal v. Mangal Chand Maheshwari and Ors. (1985) 88 P.L.R. 588 and also in case of Dharamvir v. Krishna Devi and Ors. 1984 A.C.J. 737 came to the conclusion that once the truck is under the control of an employer the owner cannot be fastened with the liability merely on the basis of ownership as there exists no relationship of master and servant. The ratio of those cases have been rightly applied by the learned Tribunal in the present case, as admittedly, the truck was on loan with the appellant and Jaspal Singh was the employee of the appellant and not of Irrigation Department, therefore, no liability can be fastened on the Irrigation Department. Accordingly, it is held that the learned Tribunal rightly fixed the liability jointly on the driver and the appellant. As no other point arises for consideration in this appeal, the appeal is accordingly dismissed. No order as to costs.