Postmaster-General, Central Circle and Another vs Radhabai and Others

S. M. Sikri, J.—These appeals by special leave arise out of the suit filed by Radhabai and Kamla, Plaintiffs, for damages on account of the death of Nathu due to the negligence and rash driving of Shivaram, motor driver who was in the employ of the Government and working under the Postmaster-General, Central Circle, Nagpur.

The Additional District Judge decreed the suit awarding only a sum of Ra. 3,600 as damages instead of about Rs. 20,000 claimed by the Plaintiffs. Both the parties filed appeals to the High Court of Bombay at Nagpur. The High Court dismissed the appeal filed by the Union of India and the Postmaster General but allowed the appeal filed by the Plaintiffs and increased the damages to Rs. 9,000. Having obtained special leave the Union of India and the Postmaster General have filed these appeals against the judgment and decree pf the High Court.

The Bombay High Court held that the deceased who was driving a Riksha was killed by the negligence of Shivaram, the driver of the truck belonging to the Postal Department, on February 2, 1955, at about 11 p. m. The High Court repelled the argument of the Appellants that the Union of India was not responsible for the torts committed by its servants. The High Court further held that the Fatal Accident Act (XIII of 1855) applied to the Union of India.

The learned Counsel for the Appellants stated before us that in view of the decisions of this Court in Superintendent and Legal Remembrancer, State of West Bengal Vs. Corporation of Calcutta, and The State of Rajasthan Vs. Mst. Vidhyawati and Another, , he was not in a position to press the appeals.

In view of this statement we must dismiss the appeals with costs.