Injured in car accident


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.

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Shivendra Pratap Singh

Advocate, Lucknow

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