Injured in car accident

t

Question asked on: 09/11/2015

I booked a radio taxi on 25 September 2015 from Amousi airport to Gomti Nagar. In the mid way 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 rash. I met an accident and got fracture in my chin. He drift his car in the truck and blown a screamed sound from the engine. Sudden hitting in the truck and drifting in divider created huge shock in the car and myself struck with the dashboard.

I complained his act 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 government? What is the procedure for compensation? Is there any penal provision for car driver?

Advised by: Shivendra Pratap Singh,

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

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

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

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 17493

Consultation: 3402

Tenant filed a false suit against landlord

My tenant has filed a false suit in civil court when I gave him a notice to vacate my shop. He has not been paying rent since march 2014 and on repeated request to vacate my premises he always took time. In November 2014 I sent him a notice to vacate my shop but he...

Indane distributor committed fraud

I am a consumer of the Indane an Indian oil petroleum gas service, i.e. Indane. My distributor committed fraud by issuing several connections without having the authority. Later on, the Indane has terminated his agency and transferred all connections to another...

Step mother sold joint family property

My father has made a gift in favour of his second wife who is my stepmother thereupon she took possession over the property. She sold that property to his son-in-law thereafter my step-sister erected a house thereon. The property gifted was probably our joint family...

Registration of marriage in Gujrat

I have done an intercaste marriage. Moreover, applied for the benefit of one Scheme which requires the marriage to be registered under the Hindu Marriage Act 1955. I belonged to the SC community in Gujarat and married to a Sindhi Girl. We have done a marriage as per...

Does development authority come under consumer forum

Five shops were allotted by development authority in year 2001 and I deposited almost 50% amount but after 3 years of allotment construction work is stopped by the authority by saying that permission of the government regarding the development area is under review....

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now