Vicarious Liability of the State: It is the indirect liability of the state government for the wrongful acts committed by the stat…
Vicarious Liability of the State:
It is the indirect liability of the state government for the
wrongful acts committed by the state government employees.
wrongful acts committed by the state government employees.
According to Article 300 of the Constitution of India the Union
of India and the state can sue and be sued.
of India and the state can sue and be sued.
Vicarious liability of state for the Tort committed by its
employees is based on its two types of powers:-
employees is based on its two types of powers:-
1.
Sovereign
powers.
Sovereign
powers.
2.
Non-Sovereign
powers
Non-Sovereign
powers
There are three leading cases in the
following sequence:
following sequence:
Case Law : Peninsular and Oriental
Steam Navigation Co. Secretary of State for India, 1868
Steam Navigation Co. Secretary of State for India, 1868
A servant of PI of Co. was proceeding on a highway in
Calcutta driving a carriage that was drawn by pair of horses belonging to the
plaintiff. Defendants were carrying a piece of iron tunnel and the manner in
which it was carried caused injury to one of the horse and accident took place.
The accident took place because of negligence of servants employed by the
government. The plaintiff Co. claimed damages against the secretary of state
for India.
Calcutta driving a carriage that was drawn by pair of horses belonging to the
plaintiff. Defendants were carrying a piece of iron tunnel and the manner in
which it was carried caused injury to one of the horse and accident took place.
The accident took place because of negligence of servants employed by the
government. The plaintiff Co. claimed damages against the secretary of state
for India.
The S.C. of Kolkata held that the secretary of state in
council of India would be liable for the damages occasion act by the negligence
of servants in the service of govt. if the Negligence as would render on
ordinary employer liable.
council of India would be liable for the damages occasion act by the negligence
of servants in the service of govt. if the Negligence as would render on
ordinary employer liable.
Case Law : State of Rajasthan V.
Vidhyawati AIR 1962, SC 933
Vidhyawati AIR 1962, SC 933
The concept of state in constitution is of welfare state the
tension acts of govt. servants will not exclude them from my liability arising
thereby. In this case, a govt. vehicle which was driven rashly negligently by
the car driver a govt. employee; knocked down the PIf’s husband. In an action
against the state of Rajasthan, the S.C. held state liable.
tension acts of govt. servants will not exclude them from my liability arising
thereby. In this case, a govt. vehicle which was driven rashly negligently by
the car driver a govt. employee; knocked down the PIf’s husband. In an action
against the state of Rajasthan, the S.C. held state liable.
Case Law : Kasturilal Vs State of U.P.
One of the partners of a firm of jewelers had gone to
Meerut, to sell gold and silver. While walking through the market with his
goods, he was intercepted and arrested by the police on grounds of suspicion
that he was in possession of stolen goods. He was kept in the police lock up
and his goods were kept in the police custody. In the meanwhile, Kasturilal was
released but the goods could not be returned, as the Head Constable had run away
with them. In a suit brought against the State of U.P. for damages, it was held
that the State was not liable, for the loss had occurred while the Government
was discharging a sovereign function (police function).
Meerut, to sell gold and silver. While walking through the market with his
goods, he was intercepted and arrested by the police on grounds of suspicion
that he was in possession of stolen goods. He was kept in the police lock up
and his goods were kept in the police custody. In the meanwhile, Kasturilal was
released but the goods could not be returned, as the Head Constable had run away
with them. In a suit brought against the State of U.P. for damages, it was held
that the State was not liable, for the loss had occurred while the Government
was discharging a sovereign function (police function).
Case Law : Recent trends in vicarious liability
of state
of state
The distinction between sovereign & non sovereign
functions for fixing the liability of the State is of less or has no
importance. The state is held liable for tortuous acts committed by the
servants.
functions for fixing the liability of the State is of less or has no
importance. The state is held liable for tortuous acts committed by the
servants.
For example:
- A man was electrocuted because of negligence of employee of
electricity department received compensation - A man was kept in prison even after his release the state
was held liable for unlawful detention and was liable to pay nominal damages.
Practice exercise:
1. This principle/rule
of making other’s liable for the wrongful conduct of the other is called
of making other’s liable for the wrongful conduct of the other is called
A. Volenti non fit injuria
B. Joint liability
C. Vicarious liability
D. Plaintiff the wrong doer
Ans: C
2. Vicarious liability of the State means
A. Indirect liability of the state government for the
wrongful acts committed by the state government employees
wrongful acts committed by the state government employees
B. Who does an act through another is deemed in law to do it
himself
himself
C. Who does an act through another is not deemed in law to
do it himself
do it himself
D. Plaintiff the wrong doer
Ans: A
3. Vicarious
liability of state for the Tort committed by its employees is based on its two
types of powers-
liability of state for the Tort committed by its employees is based on its two
types of powers-
A. Sovereign powers
B. Non-Sovereign powers
C. All of the above
D. None of the above
Ans: C
4. According to which Art. of the Constitution of India the
Union of India and the state can sue and be sued
Union of India and the state can sue and be sued
A. 221
B. 12
C. 304
D. 300
Ans: D
5. Can the Secretary
of State for India be held liable for the damages caused by the negligence of
the servants in the service of the Government?
of State for India be held liable for the damages caused by the negligence of
the servants in the service of the Government?
A. Yes
B. No
C. Maybe
D. None of the above
Ans: A
6. The driver of a jeep, owned and maintained by the State
of Rajasthan for the official use of the Collector of the district, drove it
rashly and negligently while taking it back from the workshop to the residence
of the Collector after repairs, and knocked down a pedestrian and fatally
injured him. Will the State be liable?
of Rajasthan for the official use of the Collector of the district, drove it
rashly and negligently while taking it back from the workshop to the residence
of the Collector after repairs, and knocked down a pedestrian and fatally
injured him. Will the State be liable?
A. Yes
B. No
C. Maybe
D. None of the above
Ans: A
7. The death of nine
years old boy took place on account of unwarranted atrocious beating and
assault by a Police officer in New Delhi. Will the State be made liable?
years old boy took place on account of unwarranted atrocious beating and
assault by a Police officer in New Delhi. Will the State be made liable?
A. Yes
B. No
C. Maybe
D. None of the above
Ans: A
8. A man was electrocuted because of negligence of employee
of electricity department. Will the State be liable?
of electricity department. Will the State be liable?
A. Yes
B. No
Ans: A
9. A man was kept in prison even after his release. Will the
State be liable?
State be liable?
A. Yes
B. No
Ans: A
10. Acts such as
judicial or quasi-judicial decisions done in good faith would not invite any
liability.
judicial or quasi-judicial decisions done in good faith would not invite any
liability.
A. True
B. False
Ans: A
