The State is vicariously liable for the negligence of its employees, including drivers, when they are acting within the scope of their employment.

1. - This accident took place on 28th January, 1979 at about 11-45 a.m. Shri Purshottam was driving a jeep racklessly and carelessly, belonging to the State of Rajasthan which was in charge of the Executive Engineer, Irrigation Chambal Command, Bundi resulting in the accident whereby Hari Mohan husband of appellant No. 1 and father of appellant No. 2 in Civil Misc. Appeal No. 206 of 1984 was crushed and died on account of serious injuries. Ram Baboo received serious injuries.

2. The Tribunal has awarded compensation to the widow of Hari Mohan and daughter of Hari Mohan. Both Sita Bai and Ambika have filed this appeal for praying that the compensation is inadequate and in any case the State of Rajasthan should be directed to pay the compensation.

3. Now the crucial question which has emerged in these four appeals is that so far as negligence and rashness is concerned, it is proved that Purshottam was driving the vehicle at the relevant time on behalf of and as authorised by Hari Prasad. The question is whether for this the State of Rajasthan is liable or not.

4. It has come in evidence that the jeep was under the supervision of the Executive Engineer, Inrigation, Chambal Command, Bundi. He wanted to call officially one member of legislative Assembly Shri Manik Lal. He asked his driver to take the jeep and bring Manik Lal. The driver Hari Prasad in his turn took Purshottam Panwala with him. According to the statement of Hari Prasad Purshottam Panwala had some work with M.L.A. Manik Lal.

5. It has come into evidence that Hari Prasad got Purshottam Panwala seated on the driver's seat.

6. Hari Prasad and Purshottam both were in the jeep.

7. Now the Tribunal has given a finding that the accident took place when Hari Prasad was not in the jeep and the key of the jeep was in the appartment near the seat of the driver. According to the Tribunal Purshottam took the key and unauthorisedly drove the vehicle.

8. On this finding the Tribunal has held that the State of Rajasthan is not liable.

9. The Tribunal has held Hari Prasad driver also liable for negligence of leaving the jeep and the key in it without caring for its custody and safe custody of the same. It is argued by the learned Counsel for Sita Bai so also by Purshottam and Hari Prasad that in any case the liability of the State cannot be exonerated because the vehicle was sent for official work as per the entry in the log book and also as per the evidence of the driver Hari Prasad himself.

10. The Executive Engineer, wanted to call the Member of Legislative Assembly for some official work and Purshottam was taken for talking to the Member of Legislative Assembly by Hari Prasad driver.

11. In my opinion even if it is assumed that Hari Prasad driver left the key without a lock or without taking precaution of safety in such a manner that the key cannot be taken by anybody, then the leaving of the key uncared for was certainly an act which has exposed file jeep to be driven by anybody who can pick up the key.

12. That being so Hari Prasad is liably and since Hari Prasad was the authorised driver sent by the Executive Engineer and the jeep was of the State therefore the State is liable for the vicarious liability.

13. It has come in evidence that Hari Prasad himself was with Purshottam. In this respect evidence of Mahendra Singh is very important. He has stated that he saw the jeep which was first being driven by the Government driver and whan the jeep came and was staying near the Surang gate then the engine continued to remain in action. The driver changed the seat he came on sitting portion of the passenger and infront of driver seat and the person who was sitting there came to driver seat. This person who came on the driver seat was Purshottam Panwala and he wanted to start the vehicle but the engine stopped then he started second time. All this goes to show that Purshottam Panwala was placed on the seat of the driver by Hari Prasad and then Purshottam Panwala tried to start the vehic