District Election Officer th. the District Collector, Sawai Madhopur vs. Smt. Kailashi Devi & Ors.

Motor Vehicles Act, 1988–Secs. 149 & 166–Liability to pay the compensation was fastened on the appellant-District Election Officer–Vehicle was requisitioned for election purpose–Plea of the appellant that the accident occurred after the vehicle had been released–Acceptability–In the Exhibit A-1, time of release of vehicle is shown 8.00 am on 5.12.2008 and some interpolation is found on the mark 8.00 am–It seems that the time of the release was 8.00 pm and later on, at both places, some overwriting was executed–Interpolation in time creates suspicion and fortifies the defence plea that the erring vehicle was under the effective control of appellant and the accident occurred during the election duty–This fact is found supported by Ex.P-2–Tribunal rightly fastened the liability on the appellant.