State of Rajasthan v Vidyawati (1962)

Law of Torts · Vicarious Liability

Facts.

A jeep belonging to the State of Rajasthan, being driven back from the workshop by a Government driver, was driven negligently 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 a jeep back from a workshop is not a sovereign function. The Court observed that when the State runs vast commercial and industrial activities in a welfare society, there is no justification for treating it differently from any other employer.

Why it matters.

It is the counterweight to Kasturi Lal — and note the dates: Vidyawati (1962) came first, which is why the story is not a simple progression from immunity to liability.

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