JUDGEMENT :- The facts giving rise to this civil miscellaneous appeal may be briefly stated. The University of Madurai had obtained the State Government's permission to raise building for staff quarters at Madurai. The actual work of construction of the buildings and their supervision were with the Directorate of Technical Education, Technical Division, Madras which is a department of the State Government. Rajapathi, the appellant in this civil miscellaneous a peal, is an Assistant Engineer, Public Works Department, Madras. It was part of his duty to supervise the construction of the staff quarters in the Madurai University, for he was attached, in that capacity, to the office of the Directorate of Technical Education. For going on official inspection duty, the appellant was given the use of a jeep belonging to the University. The driver of the jeep, however, was an employee of the State Government under the control of the Director of Technical Education, Madras.

2. One day at about 7 a.m. the appellant travelled in this jeep to go to some place in connection with his inspection duty. The vehicle was driven by the department's driver. On the way, the vehicle met with an acc