S.S.Dulat, J.

1. Two questions of law have been referred to this Full Bench by a Division Bench of this Court.

2. The facts are that on the 15th August, 1950 a truck belonging to the Public Works Department of the Punjab and driven by Durga Dass driver in the employment of the Department struck against a motor cycle ridden by Rup Ram, and in the result Rup Ram was thrown off the motor-cycle and seriously injured and his right leg had later to be amputated. Rup Ram, therefore, brought a suit for recovering compensation for the injuries sustained by him alleging that the injuries were caused by the rash and negligent driving of the motor-truck by its driver, and he claimed that compensation was payable to him not only by the driver but also by his master or employer, being the Punjab State.

3. In answer to this claim the Punjab State, among other things, pleaded that the truck in question was at the time of this incident engaged in carrying certain material for a road bridge in connection with the exercise of the sovereign powers of Government which Government alone could exercise, and in those circumstances the Punjab State was not liable for the tortious act, if any, of its