UNION OF INDIA Vs. HARDEO DUTTA TIRTHRAM

JUDGEMENT

(1.) "The King can do no wrong" is the burden of song in this appeal filed by the Government of India and one of their servants, Lakharam Sharma Sawar (hereinafter referred to as "defendant Nos. 1 and 2" respectively). Article 300 of the Constitution of India is a point in reference.

(2.) The short facts, relevant for the purpose of disposal of this appeal are as under :--- The three respondents (hereinafter referred to as "the plaintiffs") filed Special Civil Suit No. 114 of 1973 in the Court of the learned Joint Civil Judge, (Senior Division), Ahmednagar, for recovery of Rs. 11,000/- with interest and costs against the defendants on the allegation that their father Tirthram Biharilal Dutta, aged about 66, a retired Subhedar of Indian army, was fatally knocked down on 8th January, 1973 at about 3-30 p.m. when he was proceeding towards his Kirana shop from his residence along Nagar-Pathardi Road, Ahmednagar, by defendant No. 2 while driving Military Vehicle No. TUD/44520. According to the plaintiffs, the deceased was a man of sober habits and had maintained good health and sound physique and could have lived further life of about 15 years. He was getting Rs. 72.50 as monthly pension and was earning Rs. 150/- from his Kirana business. Therefore, their family suffered a loss above Rs. 25,000/- but they restricted the claim to Rs. 11,000/-.

(3.) The suit was resisted by the defendants on various grounds but one of the contentions in their defence was that Government of India is immuned from all the liabilities for the tortious acts committed by their servants in the exercise of their sovereign functions and by reason of such absolute immunity they were not responsible for any injury caused to any one. Thus "sovereign immunity" was the core of the defence.