Thaindian News

New Delhi, Nov 24 (IANS) The Delhi High Court Tuesday came down heavily on the government for filing “frivolous” petitions and taking the advantage of sovereign immunity in every case.
Justice J.R.Midha, disposing of the appeal by the Indian Air Force against the Motor Vehicle Tribunal’s order to compensate the family of a man who was hit by an air force truck, handicapped and later died, said: “It is a matter of concern that such frivolous and unjust litigation by the government and statutory bodies is on the increase. They should be a responsible litigant.”

“They cannot raise frivolous and unjust objections nor act in an high-handed manner. They cannot behave like private litigant with profit in motive nor can they resort to enrichment,” he said.

The judge said they are “expected to show remorse and regret when their officers act negligently or in an over-bearing manner, or when glaring wrong acts by their officers are brought to their notice, for which there is no explanation or excuse”.

The court asked the attorney general to consider the implication of the government raising the plea of sovereign immunity under the Motor Vehicle Act despite the clear and well settled rulings on the law by the Supreme Court and apprise the court by Dec 4. The official was also asked to look into the pending cases under the Motor Vehicle Act in various courts.

The court was hearing the appeal filed by the air force challenging the Motor Vehicle Tribunal order, asking it to pay over Rs.4 lakh to family of Ram Kumar Giri, who was injured because of the negligent act of the air force vehicle that was coming from the wrong side in Faridabad area on May 22, 1999. Giri later died.