TARKUNDE J. - On September 13, 1960, one Abdul Majeed was going on a bicycle from Bhagur to Deolali camp near Nasik. At that time defendant No.1, who was a driver employed in the defence department, came in a military truck from the opposite direction. The military truck dashed against the bicycle of Abdul Majeed with the result that Abdul Majeed received severe injuries and died on the spot. He left behind his young wife and six minor children. The wife and the children filed a pauper suit for the recovery of damages estimated at Rs. 30,000 from defendant No.1 and from the Union of India defendant No.2. The plaintiffs alleged in the plaint that the accident occurred because of the rash and negligent driving of defendant No.1, that defendant No.1 was on Government duty when the accident took place, and that both the defendants were liable for damages. In his defence, defendant No.1 denied that he was rash or negligent in driving the truck and further pleaded that the amount of damages claimed by the plaintiffs was excessive. The Union of India took up the same defences and advanced a further plea that they were not liable for the tort alleged to have been committed by defe