P.K.Jain, J.

1. This order will dispose of Letters Patent Appeal Nos. 1180 of 1985 and 1181 of 1985.

2. The charter of claim or the grounds of appeal for impugning the judgment of the Single Judge by the appellant-Bank in this L.P.A. is:-

the identity of the driver of the hired jeep was not positively established and no documentary evidence adduced by Brij Lal-respondent that the Jeep was handed over on the request of the Manager. Thus, the vehicle was driven by a person who was not the employee of the Bank and the Tribunal has erroneously held the appellant vicariously liable.

3 The Honble Single Judge after appreciating the evidence came to the conclusion that Brij Lal-respondent was the owner who had hired the Jeep to the Bank, so the fact of the Bank having taken the Jeep on hire is admitted by the Bank Manager Shri Paras Ram RW2. There cannot be any better evidence than the admission of appellants Manager himself. It is also admitted by the Manager, that the vehicles taken on hire remain in the custody of the Bank till the time they are not required. As conceded before the Single Judge, the vehicle remained on hire with the Bank for 2-1/2 months though an attempt was m