IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CWP(T) No.14085 of 2008. Decided on: March 30, 2010 Dila Ram ….. Petitioner. Versus Himachal Road Transport Corporation and others. …… Respondents. Coram The Hon’ble Mr. Justice Kurian Joseph, Chief Justice The Hon’ble Mr. Justice R.B. Misra, Judge. For the Petitioner : Mr. Dalip Kumar Sharma, Advocate. For the Respondents: Mr. H.S. Rawat, Advocate. --------------------------------------------------------------------------------------------------- Justice Kurian Joseph, C.J. (Oral) The petitioner approached this Court aggrieved by the recovery from his gratuity. The recovery is made based on the order of Motor Accident Claims Tribunal. Under the Corporation, in case the driver is acquitted in the criminal case, no liability can be fastened. The petitioner has also taken a contention that the issue of joint and several liability was being pursued in appeal in this Court. Therefore, the Writ Petition is disposed of as follows: The petitioner may approach the first respondent subject to the outcome of the criminal case, if any, in which the petitioner was accused and the outcome of the appeal he pursued in this Court against the joint 2 and several liability. In the event of the petitioner approaching the first respondent, the needful shall be done in the light of the judgment within a period of one month and the benefits, if any, flowing out of the consideration shall also be disbursed within another one month. (Justice Kurian Joseph), Chief Justice March 30, 2010 (Justice R.B. Misra), (rks) Judge.