UNION OF INDIA Vs. JASSO

JUDGEMENT

(1.) THE following question arising out of a first appeal in this Court has been referred to a Full Bench:

(2.) BRIEFLY the facts are that on the morning of the 7th of December 1954 Rakha Ram deceased was run down and fatally injured by a military truck which was carrying coal and being driven by an army driver to the Army General Headquarters' building in Simla. His depends, a widow and two children, instituted a suit for the recovery of Rs. 20,000/- as damages against the Union of India alleging that the death of the deceased was due to the rash and negligent driving on the part of the soldier who was driving the truck, and that the Union of India was liable to pay the damages caused by the rashness and negligence of its employee.

(3.) THE Government's defence was two-fold, firstly a denial of any negligence on the part of the driver of the truck and secondly that the Union was not liable for the tortious acts of its servants. The quantum of damages was also challenged, but the lower Court held that the death of the deceased was due to rash and negligent driving and that the Union was liable. The damages were computed at Rs. 5,000/- and a decree for that amount was passed. The learned Judges who first heard the appeal of the Government against this decree, and who are now sitting will me in this Bench, felt some difficulty regarding the question of the liability of the Union of India for damages in these circumstances and hence they formulated the question set out above for reference to a larger Bench.