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2014 (7) TMI 773 - HC - Indian LawsCompensation against the Motor Accidents - accident by the departmental drivers - The present stand taken by the learned Assistant Solicitor General for the appellant is that the appellant as well as the 2nd respondent herein were in the lawful exercise of a sovereign function as they were in search of drug pedallers involved in Narcotic Substances. It is argued that as the 2nd respondent was the department driver, who was on official duty and was driving the vehicle as a part of his duty, the State has no vicarious liability in the matter as the duty was in discharge of sovereign functions. - Held that:- There is little scope for the said argument. The appellant, who is the first respondent, was sued in his capacity as the registered owner of the vehicle. Admittedly, the vehicle was not covered by an insurance policy. Therefore, it is the duty of the registered owner of the vehicle to compensate the persons who sustain injuries in the accident caused by the said vehicle. The liability in the present matter on the State is not merely a vicarious liability in some wrongs committed by an official of the State, whereas the claim as such was on account of the injuries caused to the two third parties on account of the rash and negligent driving of a government official and the liability cast upon the State herein is in the form of a liability on the part of the registered owner of the motor vehicle involved in the accident.
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