Landmark Judgment Affirms Doctrine of Sovereign Immunity Cannot Shield Negligent Acts on Public Roads
In a significant judgment, the Punjab and Haryana High Court has ruled that negligent driving by an Army driver on public roads cannot be classified as a sovereign function, thereby holding the Union of India liable for compensation. The judgment, delivered by Justice Virinder Aggarwal, arose from appeals challenging the dismissal of claim petitions by the Motor Accidents Claims Tribunal, Kurukshetra, which had previously rejected claims citing sovereign immunity.
The case involved a military truck driven by P.K. Tatyal, an Army driver, which collided with a Maruti car near Village Khanpur Kolian on the G.T. Road, causing severe injuries to the occupants. The Tribunal had initially acknowledged the negligence but dismissed the compensation claims on the grounds that the driver was performing sovereign functions.
Justice Aggarwal, however, refuted this defense, emphasizing that the doctrine of sovereign immunity is not absolute and cannot be applied to negligent acts in routine operational activities. The court highlighted the Supreme Court's stance in previous judgments, asserting that the State should be liable for torts committed by its employees within the scope of their employment, akin to any other employer.
The judgment elaborated that acts such as driving a vehicle on public roads are operational and not sovereign in nature, thus making the Union of India vicariously liable for the driver's negligence. The court assessed compensation for the injured claimants under various heads, including pain and suffering, medical expenses, and loss of amenities, awarding sums ranging from Rs.60,000 to Rs.1,00,000 per claimant.
The decision marks a pivotal point in reinforcing accountability of government entities for negligent acts, ensuring just compensation for victims. The court further ordered the awarded compensation to carry an interest of 7% per annum from the date of filing the claim petitions until realization.
Bottom Line:
Negligent driving by an Army driver on a public road cannot be classified as a sovereign function to absolve the Union of India from liability. The doctrine of sovereign immunity cannot bar claims for compensation in cases of tortious or negligent acts causing harm to individuals.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166, Constitution of India - Doctrine of Sovereign Immunity
Suresh Dehra v. P.K. Tatyal, (Punjab And Haryana) : Law Finder Doc Id # 2827340
