The opinion
Pannell, Judge,
concurring specially. I concur in the result reached in both Divisions 1 and 2 of the opinion. It is my opinion, however, that it is immaterial in reaching the decision in this case whether or not the payment by the State was a gratuity or whether it was based upon a strong moral obligation. In neither event is any waiver of sovereign immunity or assumption of liability shown by the State; and even if a gratuity, the payment thereof upon the tort was sufficient to authorize a credit therefor upon the obligation asserted against the administrator of the estate of the tortfeasor, a former employee of the State.