STATE OF ORISSA Vs. REBATI BEWA

JUDGEMENT

(1.) THE State has preferred this Misc. Appeal against the award of compensation given by the Second Motor Accident Claims Tribunal, Northern Division, Sambalpur in Misc. (A) Case No. 15 of 1980.

(2.) THE short facts leading to the accident claim case were that the deceased Sibanaray in Ram was working as a mason under a contractor and was working in the SamaIs Barriage Project.

(3.) THE law is well -settled that the State is liable for damages occasioned by the negligence of its servants by applying the principle of vicarious liability. Government, however, is not liable for the tortious act which has been committed by its servants in exercise of its sovereign powers. The plea of sovereign immunity can be available where the powers can be exercised only by a sovereign or a person by virtue of delegation of such powers to him. So, when the 'immunity is claimed by the State against a claim, it his to be looked into if the act committed by the servants was in exercise of its sovereign powers. In determinition of this question as to whether the employer is exercising the sovereign power and as such the claim of immunity should be allowed to them, the nature of the act, the transaction in course of which it is committed and the nature of employment of the person committing it have to be considered.