ORDER

(ORAL)

Date : 09-03-2020 Heard Mr. B. N. Sarmah, learned counsel for the appellant as-

sisted by Mr. Imtiwapang, learned counsel and Mr. Tongpok Pongener, learned counsel for the respondents assisted by Mr. S. Reopi, learned counsel.

2. This is an appeal against the order of the Motor Accident Claims Tribunal (MACT), Mokokchung in MAC Case No. 24/2008, dated

29.09.2018.

The appellant in the instant appeal is the occupant belong-

ing to the department of Agriculture which met with an accident. The appellant’s claim petition was dismissed by the learned Tribunal on the ground that the employer was not vicariously liable for the acts of his servants unless the liability arises out of the accident which is during the course of his employment. In the instant case the vehicle was driven by the driver of the Government vehicle which was kept for the purpose of performing duties with respect to census operation. The allegation is that the accident was caused during the time when the vehicle was not used for the purpose of Government duties and hence, the employer/Government is not liable for the wrongdoing of his employee. The appellant had claimed that out of the injury sustained in the a