FAO No.509 of 1989 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.509 of 1989 Date of Decision. 07.01.2011 Zile Singh son of Jage Ram, driver of tractor No.HYB 2408, resident of Beliwal, Tehsil Dadri, Distt. Bhiwani ......Appellant Versus Amar Singh son of Sheo Chand and others ......Respondents Present: None for the appellant. None for respondent Nos.1 to 5. Mr. Kunal Garg, AAG, Haryana for respondent Nos.6 and 7. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. At the asking of the Court, Mr. Kunal Garg, AAG, Haryana accepts notice on behalf of the State. 2. The case is of the year 1989 and there is no representation on behalf of the appellant. I will proceed to examine the case with help of the counsel appearing on behalf of the State. 3. The appeal is by the driver of the tractor which was involved in the accident. The tractor admittedly belonged to the State of Haryana, Forest Department and at the relevant time, the vehicle was said to have been stolen by the appellant, who was only a casual labourer in attending to the nursery of the Forest Department. As a matter of fact, the complaint had been given by the officer of the FAO No.509 of 1989 -2- Forest Department that the vehicle had been stolen and it was found missing. When the accident had ultimately occurred, the Tribunal found that the vehicle was not under the control of the owner namely the Forest Department and it was driven by a person whose act cannot be made vicariously liable on the State. I find no error in the reasoning of the Tribunal and I affirm the same. 4. The appeal filed by the appellant is consequently dismissed. (K. KANNAN) JUDGE January 07, 2011 Pankaj*