ORDER

P.C. Pandit, J.

On 14th May, 1967, at about 2.30 p.m., a military truck No. SL 8085, which was driven by Sepoy Man Singh on the Mall Road in Ambala Cantt., was involved in an accident with a car, of which one of the occupants was Amrik Singh. As a result of this accident, Amrik Singh received a number of injuries and became unconscious. He was removed to the military hospital in an ambulance car. From there, he was discharged on the next day for being treated by a civil doctor. It is said that, thereafter, he remained under treatment for about two months. Subsequently, Amrik Singh filed a petition claiming compensation amounting to Rs. 50,000/- against the Union of India (UOI). He also impleaded Sepoy Man Singh, but, later on, gave up his claim against him. According to Amrik Singh, the incident had taken place due to the rash and negligent driving on the part of Sepoy Man Singh.

2. The claim was contested by the Union of India (UOI), who denied all the allegations made against them and pleaded that there was no fault on the part of the driver Sepoy Man Singh. It was also averred that since the driver was acting in the exercise of the sovereign powers of the Union Government at