Posts

Showing posts with the label Public Law Liability

State Liability in Requisitioned Vehicles: Supreme Court Clarifies Compensation Law in Poll Duty Accidents

Image
 1: INTRODUCTION In a significant ruling, the Supreme Court of India has held that the State is liable to pay compensation for accidents involving vehicles requisitioned for public purposes such as election duty. The judgment clarifies that liability follows control, not ownership , thereby preventing governments from shifting responsibility onto private insurers.  2: FACTUAL BACKGROUND Case arose from a 2010 road accident in Madhya Pradesh A school bus requisitioned for panchayat election duty collided with a motorcycle The accident resulted in the death of the rider Procedural History Motor Accident Claims Tribunal (MACT): Liability fixed on insurer Madhya Pradesh High Court: Shifted liability to District Magistrate and election authorities Supreme Court: Upheld High Court ruling  3: BENCH AND PROCEEDINGS Bench comprising: Sanjay Karol N. Kotiswar Singh Senior Advocate Archana Pathak Dave assisted as amicus curiae  4: CORE ISSUE Whether liability for compensation...