Facts of the Case
A military truck carrying ammunition was passing through a school zone. Due to negligent driving by the driver of the military vehicle, a student crossing the road was knocked down and died on the spot. The parents of the deceased student filed a suit against the military authorities claiming compensation on the ground of negligence. The issue concerns whether the State or military authorities can be held liable for the negligent act committed during official duty.
Issues in the Case
- Whether the military authorities can be held liable for the negligent driving of a military vehicle.
- Whether transporting ammunition is a sovereign function of the State.
- Whether compensation can be claimed for negligence committed during performance of official duties.
Legal Principles Covered
Under Indian jurisprudence, the liability of the State depends upon whether the act was done in exercise of a sovereign function or a non-sovereign function. Traditionally, acts connected with defence and armed forces are regarded as sovereign functions.
However, courts have distinguished between policy or defence operations and routine operational activities. Negligent driving of a vehicle, even if owned by the military, is not an essential sovereign function but an operational activity. The doctrine of vicarious liability applies where harm is caused due to negligence of State employees in non-sovereign functions. Protection of fundamental rights and public safety overrides sovereign immunity in such cases.
Possible Judgement
The court is likely to hold the military authorities liable for compensation. Though the truck was carrying ammunition, negligent driving in a school zone is a non-sovereign, operational act. Since the death occurred due to lack of reasonable care, the State cannot escape liability. Compensation may be awarded to the parents of the deceased student for violation of the duty of care owed to the public.
About Lawgnan
State liability for negligence is a crucial topic in Indian jurisprudence, especially in cases involving armed forces and public safety. Such problem-based questions frequently appear in law exams and judicial services preparation. Understanding the distinction between sovereign and non-sovereign functions helps students answer complex questions with clarity and confidence. If you are a law student, judicial aspirant, or legal professional looking for structured, exam-ready explanations rooted in Indian legal principles, explore more expert content. Visit lawgana.in for clear jurisprudence answers, legal concepts, and practical illustrations that strengthen your legal reasoning and answer-writing skills.
