Punjab and Haryana High Court holds Centre liable for Army driver’s negligence, awards compensation to accident victims

The court noted that the accident case took place “long ago” in 1996, in which a military truck collided with a car carrying the victims, and the victims suffered multiple injuries and fractures.

The tribunal, in its 2001 order, held that the accident occurred due to the rash and negligent driving of the military truck driver, P K Tatyalall, but found that no compensation could be awarded because the accident had occurred in the course of the army driver’s alleged discharge of sovereign functions. Consequently, no liability was fastened upon either the driver or the Union of India.

The court noted that the driver was held “guilty” in court marshal proceedings as well and was punished for causing the said accident due to rash and negligent driving, but the tribunal failed to assess any compensation.

‘Sovereign immunity and liability of state’

The high court pointed out that the “sovereign immunity” is not absolute and operates only within a very narrow sphere of functions that are inextricably linked with the core sovereign powers of the state.

“It cannot be invoked to shield routine administrative, operational, or vehicular acts of government servants from judicial scrutiny or civil liability,” the court added.

The court pointed out that negligent driving on a public road cannot be “equated” with a sovereign function to absolve liability and found that the tribunal erred in absolving the Union of India from liability on the ground of “sovereign functions”.

Compensation

Noting that the tribunal did not doubt the “genuineness of the medical records” nor the fact that the claimants had suffered “substantial bodily harm” after the collision, the court decided to assess the compensation on its own.

The court said, “If the matter is remanded to the learned tribunal to carry out assessment of compensation, it would result in more delay whereas the nature of proceedings warrants expeditious disposal of such matters, so that timely compensation may be granted”.

It was placed on record that the tribunal acknowledged the injury reports of all the claimants, noting their fractures, head injury, multiple abrasions and other trauma reflected in the medico-legal documents.

Considering the case of victims, their age, the nature of injuries sustained, period of hospitalization for treatment, and the consequent pain, suffering and emotional trauma due to injuries, the court granted a compensation ranging from Rs 60,000 to Rs 1 lakh to the victims.