STATE OF KERALA Vs. K CHERU BABU

JUDGEMENT

(1.) The question which arises for our consideration is whether the State is responsible for the wrongful acts committed by its servants in the course of their official duties.

(2.) This appeal arises from the judgment of the Subordinate Judge of Kozhikode in a suit for damages. The 1st defendant, the State of Kerala, is the first appellant before us. The Trial Court found that the plaintiff was injured as a result of the negligence of the 2nd defendant who was an employee of the 1st defendant and that both the defendants were liable in damages to the plaintiff.

(3.) The facts of this case may be briefly staled as follows: On the morning of 11-12-1966, the plaintiff who was a student of St. Joseph's College, Devagiri, Calicut, was knocked down by a jeep car (Reg: No. KLD. 476) while crossing the Cannanore road. The jeep belonged to the Government of Kerala, the 1st defendant, and it was driven by V. V. Sreenivasan, the 2nd defendant. The Revenue Divisional Officer, Calicut, was travelling in the jeep. The jeep was escorting the Adviser to the Governor who was proceeding to Sultan's Battery after attending a College function at the B. T. College, Calicut. As a result of the accident, the plaintiff was seriously injured. His facial bone and right leg were fractured. He had to be hospitalised at the Calicut Medical College Hospital for a number of days. Even at the time of the institution of the suit, he had not completely regained his normal health. The plaintiff therefore claimed from the defendants a sum of Rs. 15,000/- by way of damages.