UNION OF INDIA Vs. NEELAM DAYARAM

JUDGEMENT

(1.) THIS appeal is directed against the award made by the motor Accidents Claims Tribunal, Sagar in Claim Case No. 45 of 1973. The tribunal has awarded Rs. 25100 to the claimant Kumari Neelam, a girl aged six, whose right leg had to be amputated just below the knee joint. The accident, the Tribunal held, occurred due to the rash and negligent driving of the Motor Vehicle B. A. No. U. D. 36634 by the driver Khuma Ram.

(2.) THE vehicle belonged to the Military Department. The driver was also an employee of the Military Department. On 29-9-1973, at 9-30 A. M. , the vehicle was going for bringing vegetables and other articles from the supply Department for the prisoners of war stationed in a camp. When it reached a culvert near Hanuman Mandir, it dashed against the claimant. She was immediately removed to the Military Hospital but her limb could not be saved. The right leg was so badly crushed that it had to be amputated just below the knee. According to the claimant, the accident occurred due to the driver's negligence.

(3.) THE appellants in their defence attributed the accident to the negligence of the child. They pleaded that the girl got scared because a motor-cycle passed by her side in high speed, quite unexpectedly. She, therefore, ran across the road and in confusion dashed against the Military Vehicle. They further pleaded that the vehicle at the relevant time was engaged in performing sovereign duty and, therefore, they were immune from liability.