Judgment

SINHA, J.

( 1 ) THIS appeal, on a certificate granted by the High Court of Rajasthan under Art. 133 (1) (c) of the Constitution, raises a question of considerable importance, namely, the extent of the vicarious liability of Government for the tortious acts of its employees, acting in the course of their employment as such. The Trial Court dismissed the claim for compensation as against the State of Rajasthan, which was the second defendant in the suit for damages for tortious act of the first defendant, Lokumal, who is not a party to this appeal. On appeal by the plaintiffs against the judgment and decree of the Trial Court, the High Court of Rajasthan passed a decree in favour of the plaintiffs allowing compensation of Rs. 15,000. 00 against the State of Rajasthan also, which is the appellant in this Court.

( 2 ) THE facts of this case may shortly be stated as follows. The first defendant. Lokumal, was a temporary employee of the appellant State, as a motor driver on probation. In February, 1952, be was employed as the driver of a Government jeep car, registered as No. RUM 49, under the Collector of Udaipur, The car had been sent to a workshop ion necessary repairs. After r