Rup Ram V. State of Punjab 1960 (Case Summary)

This case explored the limits of the doctrine of sovereign immunity in India, emphasizing the liability of the State for tortious acts of its employees when they are not connected to sovereign functions.

Table of Contents

Facts of Rup Ram v. State of Punjab

On 15th August 1950, a truck owned by the Punjab Public Works Department and driven by Durga Dass, a government employee, hit a motorcycle ridden by Rup Ram.
The accident resulted in severe injuries to Rup Ram, including the amputation of his right leg.
Rup Ram filed a suit seeking damages for the injuries, alleging that the accident was caused by the negligent driving of Durga Dass.
The state contended that the truck in question was engaged in carrying the construction material for a road bridge and was performing a Sovereign function.

Issues framed

Whether the tortious act of Durga Dass (driver) in the present case can fall within the category of acts done in the course of exercise of what are usually called sovereign powers of the State?
Whether the Punjab State can be held liable for damages for the tortious act in question?

Subordinate Court Judgment

The trial court found that the driver, Durga Dass, was negligent and that his negligence directly caused the injuries to the plaintiff, Rup Ram.The court awarded Rs.7,000 as damages but held that the Punjab State was not liable as the truck was engaged in sovereign functions. The suit was decreed against Durga Dass personally, while the Punjab State was absolved of liability.

Judgment of Rup Ram v. State of Punjab

The High Court examined the applicability of sovereign immunity and the principle of vicarious liability.

The High Court held that constructing a bridge, while a government activity, is not a sovereign function. Such functions can be performed by private entities, and negligence during such activities does not grant immunity to the State. Since the truck driver was engaged in non-sovereign activity at the time of the accident, the State could not claim immunity.

The High Court overruled the trial court’s decision regarding the State’s immunity. It held that both Punjab State and Durga Dass, are jointly liable for the damages awarded. The decree was modified to require both the defendants to pay the compensation of Rs.7,000 to the plaintiff.