1. A military vehicle, a missile carrier, while on movement broke down and was parked on the road when a car came from behind and dashed into it. Captain H. S. Sekhon the driver of the car and his wife Mrs. Pushpinder Kaur Sekhon, who was sitting besides him were both injured; while their only son Ibadet, a year and half old, who was with his mother died as a result of the injuries sustained. This happened on March 5, 1972 at about 5.30 A.M. a little beyond Nilokheri on the Grand Trunk Road between Ambala and Karnal.

2. There were four separate claims for compensation put in, in respect of this accident, one being by the parents for the death of their child, the other two by Captain H. S. Sekhon and his wife Mrs. Pushpinder Kaur for the injuries suffered by them and the fourth was for the damage to the car involved in the accident.

3. All the claims filed were negatived by the Tribunal, holding that the accident had been caused by the negligence of the car driver, Captain H. S. Sekhon with the further specific finding that there was no negligence involved in the military vehicle being parked on the road. The Tribunal also upheld the claim of the Union of India for immunity