STATE OF PUNJAB Vs. LAL CHAND SABHARWAL

JUDGEMENT

(1.) LAL Chand Sabharwal (plaintiff-respondent) filed a suit for the recovery of Rs. 50,000.00 on account of damages on the following counts:--

(2.) THE facts pleaded were that the plaintiff was the Vice-president of Bhartiya Jan Sang, Punjab State, which started 'save Hindi agitation in the State of Punjab in May. 1957. in collaboration with some other organisations. The plaintiff offered himself for this peaceful mission and reached Chandigarh Railway Station by train at about 4 A. M. on July 15. 1957, accompanied by a batch of 250 volunteers. On arrival, he and the members of his party were out under arrest and taken to different police stations under the escort of police force under the orders of Shri A. K. Kaul. Assistant Inspector General of Police, defendant No. 2. The plaintiff and his six companions were unlawfully detained in Chandimandar Police Station in an area infested with snakes, without service of any water and meals and were meted out a most inhuman treatment. At about midnight, the plaintiff and his companions were taken from Chandimandar Police Station to an unknown destination towards Ambala City in a bus under police escort, under the orders of Shri A. C. Tuli. Magistrate 1st Class. On the wav they were forced to board police van No. PNE 4615 and the plaintiff was made to sit on the front seat and the driver was directed by Shri A. C. Tuli. Magistrate, to follow his jeep. When they reached Ambala City, the police van in which the plaintiff was travelling, turned towards Jullundur City, but the driver of the van was instructed by Shri Tuli to turn-towards Karnal side. When the van reached Shahbad following the jeep of the Magistrate, another bus carrying Shri Jagdish Narain and others also arrived and then the Magistrate directed both the vehicles to proceed towards Jullundur City. At that stage, defendant No. 3. Gian Chand. Constable, who was driving the police van, expressed his inability to perform his duties as a driver any longer on account of fatigue caused by constant duty without any rest, respite or refreshment for several hours, and requested for being relieved. His request was not accepted in spite of the plaintiffs pleadings for him and he was directed to drive the police van towards Raipura. At about 4 A. M. on July 16, 1957, the driver lost control over the vehicle which struck against a tree On one side of the road. As a consequence of that accident, (he left arm of the petitioner was crushed and fractured followed by profuse bleeding. The Punjab State and its police force escorting the van did not render any first aid to the plaintiff in spite of the request made by him and his companions and he was admitted in Rajpura Civil Hospital in a precarious condition at about 5 A. M. His condition grew so serious that be had to be removed to Rajendra Hospital. Patiala at 8. 15 A. M. The Petitioner then narrated the course of treatment and claimed the amounts as stated above. The suit was resisted by the defendants and the following issues were framed:--

(3.) THREE points have been argued by the learned Advocate General, namely. (1) the suit was barred by time; (2) the State of Punjab was not liable because the accident, as a result of which injuries were caused to the respondent, occurred when the driver was acting in the performance of delegated sovereign functions of the State and (3) the amount of Rs. 30,000.00 awarded by wav of damages on account of permanent disability of the arm, etc. , is excessive. No other point has been argued and. therefore. I need not refer to the other points which were canvassed before the learned trial Court.