ORDER :- The claimant in M. A. C. T. O. P. No. 442 of 1970 on the file of the Motor Accidents Claims Tribunal, Madras, is the appellant before us. The appellant minor Thangarajan, aged about 10 years at the time of the accident was walking along Suryanarayana Chetty Road on 14-5-1970 about 12 noon. The military lorry UD 40494 belonging to the Defence Department of the Union of India knocked Thangarajan as a result of which he sustained serious injuries. He claimed a compensation of Rs. 45,000.

2. The Union of India represented by the Secretary, Defence Department, raised various defences. Firstly it was contended that the accident was not due to the rash or negligent driving on the part of the driver of the lorry and that it was due to the reckless crossing of the road by the petitioner Thangarajan. It was also contended that the respondent, Union of India, is not liable for the tortious act of its servant, namely, the driver of the lorry, committed in the course of the exercise of its sovereign functions.

3. The Tribunal found that the appellant sustained grievous injuries as a result of the rash driving of the lorry by the driver. But it found that the Union of India is not vicario

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