R. K. ABICHANDANI, J.

( 1 ) THE Appellant-State of Gujarat challenges in this appeal the judgment and order dated 3-9-1982 passed by the learned Civil judge (S. D.), Himatnagar, in Special Civil Suit No. 33 of 1979, holding it to be vicariously liable for the tortious act of its police constable and decreeing compensation of Rs. 1,98,000/- with 6 percent interest from the date of the suit till payment and costs, in favour of the present respondent No. 1, govindbhai, who was the original plaintiff.

( 2 ) THE plaintiffs case was that at the relevant time when he had undertaken the work as a contractor for construction of Rajendranagar Dam, the present respondent No. 2, Keshabhai, who is the original defendant No. 2, was working as a Police Constable at Raigadh Outpost and was in the service of the appellant- state of Gujarat, who was the original defendant No. 1. On 22-4-1976, after the close of the work for the day, the plaintiff was proceeding to Himatnagar for purchasing a kingpin for his damaged truck and when he was passing by the Raigadh Police Outpost, which is on the highway, he came to know that the truck-driver, Devdan Duda, who was carrying some of his labourers in his truk

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