DOMINION OF INDIA Vs. ANIRUDH DOTIYAL

JUDGEMENT

(1.) This is a defendant's appeal that arises out of a suit to recover Rs. 11,940.00. The respondent was the plaintiff. There were two defendants, the Dominion of India and Satyadeo, a Military motor-driver.

(2.) The suit was filed in forma pauperis with the allegation that the plaintiff was a Dotiyal Coolie working at Bhowali. On the 22nd of July 1946 at about 10-45 a.m. he was bringing empty tins from the Bhowali Sanatorium to Bhowali Bazar. A military truck belonging to the defendant No. 1 and being driven by the defendant No. 2 who was a servant of the defendant No. 1 happened to pass along the road at that time at a very fast speed. Without blowing the horn the driver negligently drove the truck in such a manner that he knocked down the plaintiff and ran over his legs. The truck was being driven on the wrong side of the road because the plaintiff was walking on the left. On account of this accident the plaintiff suffered great loss. He estimated the amount of his loss at Rs. 11,940.00 and claimed the amount from both the defendants.

(3.) The suit was contested mainly by the defendant No. 1, the Dominion of India. Besides pleading that the amount claimed was excessive that defendant raised two more pleas. The first was that the incident had happened in July 1946 when India was at War. It was a state of emergency and on that account the defendant No. 1 could not be made liable as it was immune from all acts and omissions done at that time including the tortuous acts of its servants and agents. The second was that even apart from the question of emergency the defendant No. I could not be made liable for the tortuous acts of its servants because it was exempt from liability in respect of such acts.