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Injured in car accident

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Civil Law

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I booked a radio taxi on 25 September 2015 from Amousi airport to Gomti Nagar. In a midway taxi driver told that his friend is waiting at VIP road and I want to go with him but I can arrange another radio taxi who may drop you at your destination. I agreed and he arranged another radio taxi.

That driver was drunk and he running the car in a rash. I met an accident and got a fracture in my chin. He drifts his car in the truck and blown a screamed sound from the engine. Sudden hitting in the truck and drifting in divider created a huge shock in the car and myself struck with the dashboard.

I complained about his actions on the customer care number. This radio taxi is operated by a corporation which is an agency of the Uttar Pradesh government. Can I get any compensation from the government? What is the procedure for compensation? Is there any penal provision for car driver?

When the government performs any act through his agency then the government is vicariously liable for the tortious act of his agent. Rash driving is a negligent act and any damages caused to anyone from this act is entitled to get compensation from the government. The corporation cannot take a defence that he has no control over the driving of the car because the driver is an independent contractor [Rajasthan SRTC vs Kailash Nath Kothari AIR 1997 SC].

This act of government does not come under a sovereign act because running a radio taxi is a non-sovereign act and any person can run this business after taking appropriate license. The commercial activity of government is purely a non-sovereign act and government is liable under the law of tort to compensate a person the same as a company or private person is liable. [LIC vs Asha Goel AIR 2001 SC].

You may apply to consumer forum because it gives swift remedy than regular civil court and no court fee is applicable. You can get compensation for mental agony, the expense of case, expense on medical treatment etc.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

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