The protection of sovereign act is not available to the State when the accident is caused by a public servant who is not discharging any statutory functions under delegation of the sovereign powers of the State.

1. This Civil First Miscellaneous Appeal arises out of an award given by Motor Accidents Claims Tribunal Jammu on September 20, 1985 awarding a compensation of Rs. 95,000/- in favour of the respondents/claimants.

2. One Om parkash, husband of respondent No ; 1 and father of respondents 2 & 3 met with an accident on May 30, 1984 at 7-15 A. M. on Jammu-Pathankot National Highway while the Army Truck belonging to appellant No : 1 was driven by appellant No 2 herein & succumbed to his injuries on way to Hospital on the very day. Respondents filed a claim petition under section 110-A of the Motor Vehicles Act (hereinafter called the Act) claiming the compensation of Rs. 3 lacs It was stated that deceased at the time of accident was 32 years of age, who was survived by his widow and two minor daughters of 8 years and five years respectively, who are respondents 1 to 3 in the present appeal. It was further stated that deceased was earning Rs. 800/- per month by working as Supervisor-Cum-Accounts Clerk in M/s Nangia, Hot Mixture plant, Village Sarore. He was a trained person and would have risen to the high position in due course of time within the next 10-15 years and would have an earning of more than Rs. 2, OOO/- per month. The accident took place while the deceased was walking on a kacha track of the Jammu-Pathankot National Highway on the side of the road at Mile -Stone 86-90. Appellant No ; 2 came from deceaseds rear side while driving Army Truck One Ton BA No : 79C2310OH. In the process of over taking a preceding motor vehicle had taken his vehicle on the wrong side of the road with abnormal speed and hit the deceased by driving the said truck rashly and negligently Deceased was seriously injured as a result of the accident and in that condition taken to the Hospital while on way he breathed his last

3. On issuance of notice to the appellants by the Tribunal, the appellants in their written statement with all fairness have not denied the accident & the death of deceased Om Parkash as a result of the said accident. However, it was contended that the accident occurred, when appellant No 2 was discharging the sovereign acts of the Union and hence no compensation can be awarded to the respondents. Regarding the income of the deceased, it was only stated that the respondents are called upon to strictly prove the averments, as the amount mentioned of Rs. 800/- per month is exaggerated.

4. On the pleadings of the parties, the learned Tribunal framed the following issues :-

1) Whether respondent No ; 2 at 7 15 A M. of May 30, 1984 at mile stone 89-90 on Jammu pathankot National Highway ( Village Sorore ) while driving Motor Vehicle No; one Ton BA NO: 79C231O) H and acting under the employment of respondent No : 1 was discharging the duties of sovereign nature and while doing so he caused the accident resulting into the death deceased Om Parkash ? OPR

2) In case issue No : 1 is proved in the negative to how much claim of compensation the petitioners are entitled and from whom ? OPP

3) Relief.

5. Since the accident and the death of deceased Om Parkash was not denied by the appellants, the learned Tribunal looking to the defence taken placed the burden of proving issue No ; I on the appellants herein, who were respondents before the Tribunal. The appellants examined Major G. S. Gour and appellant No ; 2, namely, L/Hav M. V Nambiar ; whereas the respondents examined in rebuttal PW-1 Chuni Lal besides Respondent No; 1-Smt. Kusum Sharma widow of deceased. The learned Tribunal after trial awarded compensation of Rs. 90, OOO/-using the multiplier of 16 years on capitalisation of the annual income of the deceased at Rs. 7, OOO/-being the r