PUSHPINDER KAUR SEKHON Vs. CORPORAL SHARMA

JUDGEMENT

(1.) AMILITARY vehicle, a missile carrier, while on movement broke down and was parked and dashed into it. Captain H. S. Shekhon the driver of the car and his wife Mrs. Pushpinder Kaur Sekhon, who was sitting besides him were both injured; while their only son Ibadet, a year and half old, who was with his mother died as a result of the injuries sustained. This happened on March 5, 1972 at about 5. 30 A. M. a little beyond Nilokheri on the Grand Trunk Road between Ambala and Karnal.

(2.) THERE were four separate claims for compensation put in, in respect of this accident, one being by the parents for the death of their child, the other two by Captain H. S. Sekhon and his wife Mrs. Pushpinder Kaur for the injuries suffered by them and the fourth was for the damage to the car involved in the accident.

(3.) ALL the claims failed were negatived by the Tribunal, holding that the accident had been caused by the negligence of the car driver, Captain H. S. Sekhon with the further specific finding that there was no negligence involved in the military vehicle being parked on the road. The Tribunal also upheld the claim of the Union of India for immunity from liability on the plea that the accident had occurred in the exercise of the sovereign functions of the State.