2014 (7) TMI 773

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....the Tribunal by alleging that while the said petitioners were riding on the motor bike bearing registration No.KL-02AA-7503 from North to South through the eastern side of Ayathil - Mevaram bypass road, the aforesaid Qualis car being driven by the 2nd respondent in a rash and negligent manner so as to endanger human life from the opposite direction came to the wrong side of the road and knocked down the petitioners thereby they sustained injuries. 3. The appellant herein, in whose name the said Qualis car was registered, along with the 2nd respondent driver, has filed written objections in both the cases by taking up inter alia the following contentions:- (i) The said car did never involve in any accident. (ii) The petitioners came....

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.... the cross objector in Cross Objection No.9/2013. 8. The present stand taken by the learned Assistant Solicitor General for the appellant is that the appellant as well as the 2nd respondent herein were in the lawful exercise of a sovereign function as they were in search of drug pedallers involved in Narcotic Substances. It is argued that as the 2nd respondent was the department driver, who was on official duty and was driving the vehicle as a part of his duty, the State has no vicarious liability in the matter as the duty was in discharge of sovereign functions. There is little scope for the said argument. The appellant, who is the first respondent, was sued in his capacity as the registered owner of the vehicle.  Admittedly, the v....