UNION OF INDIA Vs. HARBANS SINGH

JUDGEMENT

(1.) This is an appeal by the Union of India, defendant, from the decree, dated 247- 1953, of the First Class Subordinate Judge of Delhi. The plaintiff's Nos. 1 to 3 are the sons and No. 4 is the daughter of Khushial Singh deceased and defendant No. 3 is his widow. The plaintiffs brought a suit to recover an amount of Rs. 50,000/- as damages on account of the death of their father resulting from defendant No. 2 (Sohan Chand) a driver of the Military Department of defendant No. 1 (Union of India), knocking him down and running over him when he was riding his cycle. The plaintiffs alleged that it was the rash and negligent act of defendant No. 2 in driving the military vehicle in such a manner as to cause the accident that resulted in the death of their father. The accident took place, at about 9. 30 a. m., on 27-9-1949. The suit was permitted to be brought in forma pauperis. It was mainly contested by defendant No. 1 and a number of defences were taken, among them being that defendant No. 1 (Union of India) is not liable to damages for any act of its servant done in pursuance to the exercise of the sovereign powers of this defendant.

(2.) The learned trial Judge has found against defendant No. 1 and granted a decree in the amount of Its. 30,000/-, with proportionate costs to the plaintiffs and defendant No. 3.

(3.) In this appeal no other question is raised, not even as to the quantum of the damages allowed, except the one as regards the liability of the Union of India for damages for the act of defendant No. 2, its driver in the Military Department, in running over the father of the plaintiffs and husband of defendant No. 3 and causing his death.