USHA AGGARWAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenged in appeal here is the order of the Tribunal declining compensation to the claimants on the ground that the offending Indo-Tibetan Border Police truck DHL-79 was engaged in the performance of the sovereign functions of the State when the accident occurred.

(2.) The claimants here are the mother, widow and minor child of Sushil Kumar Aggarwal, a young Advocate of Nahan, who died as a result of the injuries he sustained when the motor-cycle, he was travelling on, met with an accident with the police truck.

(3.) Sushil Kumar Aggarwal was on his way to Ambala sitting on the pillion seat of the motor-cycle HRE-3193, driven by respondent-Surjan Singh, when it was involved in an accident with the police truck coming from the opposite direction. This happened on Feb. 29, 1980 at about 2 p.m. near Bassi Khurd on the Nahan-Ambala Road Both Sushil Kumar Aggarwal as also Surjan Singh sustained injuries. They were removed to the hospital at Naraingarh from where they were referred to the Post-Graduate Medical Institute at Chandigarh. Sushil Kumar Aggarwal died while being taken there.