State of Rajasthan v Vidyawati (1962)

Constitutional Law II · State Liability

Facts.

A driver employed by the State of Rajasthan, while driving the Collector’s jeep back from the workshop, drove rashly and knocked down a pedestrian, who died. His widow sued the State.

Issue.

Is the State vicariously liable for the negligence of its servant driving a government vehicle?

Held.

Yes. Driving and maintaining a car for the use of a government officer is a non-sovereign function that any private employer could perform, so the State was liable like a private employer.

Why it matters.

It began the retreat from blanket immunity and established that the State is an ordinary employer for its non-sovereign activities — the anchor for the vehicle-accident problems.

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