NANDRAM HEERALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS appeal has been filed by the two appellants parents of deceased santoshkumar, who died as a result of an accident on the Bombay Agra Road between Mhow and Manpur by a military vehicle driven by respondent No. 2 an army employee.

(2.) IT was alleged by the appellants that they are residents of village Gawli palasiya which is situated on the left side of the road while going towards bombay. It was alleged that at the time of the incident this boy Santoshkumar who was of about six years of age was standing on the left side of the footpath by the side of the road. At that time an army vehicle of the College of Combat mhow which was being driven by respondent No. 2 was coming from Manpur and was being driven at a in gh speed and in a negligent manner. This vehicle collided against the boy standing on the side of the road. After receiving injuries as a result of this accident the boy was taken to the hospital where he ultimately died.

(3.) IN the joint written-statement filed by the driver as well as the Union of India it was admitted that respondent No. 2 was driving the vehicle at that time but it was denied that the vehicle was being driven either rashly or negligently. It was also pleaded that as respondent No. 2 was driving the vehicle on duty and on government work and therefore the Union of India was not in any manner liable