D.Falshaw, J.

1. The following question arising out of a first appeal in this Court has been referred to a Full Bench:

"Whether the Union of India is liable to be sued in respect of tort committed by a military driver while transporting coal to General Headquarters at Simla in discharge of his duties".

2. Briefly the facts are that on the morning of the 7th of December 1954 Rakha Ram deceased was run down and fatally injured by a military truck which was carrying coal and being driven by an army driver to the Army General Headquarters building in Simla. His depends, a widow and two children, instituted a suit for the recovery of Rs. 20,000/- as damages against the Union of India alleging that the death of the deceased was due to the rash and negligent driving on the part of the soldier who was driving the truck, and that the Union of India was liable to pay the damages caused by the rashness and negligence of its employee.

3. The Governments defence was two-fold, firstly a denial of any negligence on the part of the driver of the truck and secondly that the Union was not liable for the tortious acts of its servants. The quantum of damages was also challenged, but the lower