POSTMASTER GENERAL CENTRAL CIRCLE NAGPUR Vs. RADHABAI

JUDGEMENT

(1.) These appeals by special leave arise out of the suit filed by Radhabai and kamla, plaintiffs, for damages on account of the death of Nathu due to the negligence and rash driving of Shivaram, motor driver who was in the employ of the Government. and working under the Postmaster General, central Circle, Nagpur.

(2.) The Additional District Judge decreed the suit awarding only a sum of Rs. 3,600. 00 as damages instead of about Rs. 20,000/ claimed by the plaintiffs. Both the parties filed appeals to the High Court of bombay at Nagpur. The High Court dismissed the appeal filed by the Union of India and the Postmaster General but allowed the appeal filed by the plaintiffs and increased the damages to Rs. 9,000. 00. Having obtained special leave the Union of India and the postmaster General have filed those appeals against the judgement and decree of the high Court.

(3.) The Bombay High Court held that the deceased who was driving a Riksha was killed by the negligence of Shivaram, the driver of the truck beloging to the Postal department, on February 2, 1955, at about 11 p. m. The High Court repelled the argument of the appellants that the Union of india was not responsible for the torts committed by its servants. The High Court further held that the Fatal Accidents Act (XII of 1855) applied to the Union of India.