SEN J.—These two appeals under section 110-D of the Motor Vehicles Act, 1939, preferred by two sets of claimants, directed against the judgment of of the Motor Accidents Claims Tribunal, Bharatpur, dated 27-1-73, raise a common question and therefore are disposed of by this common judgment.

2. The Claims Tribunal has allowed the claim of compensation of Keshav Deo and others to the extent of Rs. 30,000/. for the death of Kedarnath Gupta, and that of Smt. Premwati Soni Jain and others to the extent of Rs. 15,000/ , for the death of Horilal Jain against the respondent No.3 Harpal Singh who is a driver employed in the office of the District Forest Officer, Bharatpur, on its finding that the accident resulting in their death, was caused due to his rash and negligent driving of a Government jeep. It has, however, disallowed their claim for compensation against the employer, i.e., the State of Rajasthan which owns the jeep, holding that the respondent No.3 Harpal Singh, the driver having acted beyond the scope of his employment in giving lift to Kedarnath Gupta and Horilal Jain, the State Government of Rajasthan could not, therefore, be held vicariously liable to pay damages for the death

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