Judgement

N. P. SINGH. J : - Leave granted.

2. This appeal has been filed on behalf of the State of Maharashtra and others against the judgement of the High Court holding that the appellant-State shall be vicariously liable for payment of compensation to the heirs of the deceased, who was the victim of the accident.

3. On 31-3-1980 at about 10.00 p.m. an accident took place opposites S. T. Divisional Office, Ratnagiri in which one Vijay Singh died. At that time the said Vijay Singh was driving the scooter and the jeep which belonged to the State Government dashed against the scooter because of which the victim sustained serious injuries in the hospital. The appellant No. 3 was the driver of the said jeep, but at the time of accident Respondent No. 4 (hereinafter referred to as respondent) who was then a clerk in Engineering Fishing Project Division, Ratnagiri, was driving the jeep.

4. The Respondents Nos. 1 to 3 filed their claim before the Motor Vehicles Tribunal, claiming Rs. 4,00,000/- as the compensation for the death of Vijay Singh. It was alleged that respondent was under the influence of liquor and was driving the jeep in a rash and negligent manner which resulted in the acciden