S.S. Sodhi, J. - (1.) ON August 28, 1972 at about 9 a.m. a military truck, coming from the side of Delhi went on to the wrong side of the road and hit into a culvert. There were four persons sitting on this culvert at that time. They all sustained injuries. One of them, namely Bhim Singh later succumbed to his injuries and died. The other Miss Pushpa Thakur, suffered fractures on both of her legs leading to amputation of her right leg. This accident took place near the bus stop on the Delhi -Mathura road Sawli.
(2.) THE Tribunal found that the accident here had taken place entirely due to the rash and negligent driving of the truck driver. A sum of Rs. 50,000/ - was awarded as compensation to the claimant Miss Pushpa Thakur for the injuries suffered by her and a similar amount, as compensation, to the legal representatives of Bhim Singh, deceased. This order will dispose of the two separate appeals filed by the Union of India challenging the award of compensation to the claimants in these two cases.
(3.) IT was the contention of Mr. P.S. Duhan. Deputy Advocate General (Haryana) that the accident in this case could not be attributed to any negligence on the part of the truck driver and at any rate the Union of India could not be held liable as the accident occurred in the exercise of the sovereign functions of the Union of India.;