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of <h1>State not liable for employee's actions in fatal accident due to volenti non fit injuria principle.</h1> <h3>Smt. Premwati Soni Jain And Ors. Versus The State Of Rajasthan And Ors.</h3> Smt. Premwati Soni Jain And Ors. Versus The State Of Rajasthan And Ors. - TMI Issues Involved:1. Liability of the State Government for the actions of its employee.2. Scope of employment and vicarious liability.3. Application of the principle of volenti non fit injuria.4. Interpretation of relevant case law and statutory rules.Detailed Analysis:1. Liability of the State Government for the Actions of Its EmployeeThe High Court of Rajasthan dealt with the appeals under Section 110-D of the Motor Vehicles Act, 1939, concerning compensation claims due to a fatal accident caused by a government jeep driven by Harpal Singh. The Claims Tribunal awarded compensation against Harpal Singh but absolved the State Government of liability, holding that Harpal Singh acted beyond the scope of his employment by giving lifts to third parties.2. Scope of Employment and Vicarious LiabilityThe court emphasized that although Harpal Singh initially acted within the scope of his employment by retrieving the jeep from the workshop, his subsequent actions of going on a spree and giving lifts were beyond his employment scope. The court cited several precedents, including Sitaram Motilal Kalal v. Santanuprasad Jaishankar, where the owner was not held liable as the driver acted outside the course of his employment. The court stressed that government vehicles are prohibited from private use, and Harpal Singh's actions did not align with his employment duties.3. Application of the Principle of Volenti Non Fit InjuriaThe court applied the principle of volenti non fit injuria (to a willing person, no injury is done), noting that the passengers voluntarily accepted the risk by boarding the jeep driven by an intoxicated Harpal Singh. This principle further supported the court's decision to absolve the State Government of liability.4. Interpretation of Relevant Case Law and Statutory RulesThe court referenced multiple cases to support its judgment. In Twine v. Bean's Express Ltd., the driver acted outside the scope of employment by giving unauthorized lifts, and the employer was not held liable. Similarly, in Convey v. George Whimpay, the court ruled that giving lifts was beyond the driver's employment scope.The court also discussed the Canadian Pacific Rly. Co. v. Lockhart case, distinguishing between prohibitions limiting the sphere of employment and those dealing with conduct within the employment sphere. In Rose v. Plenty, the court noted that prohibited acts done for the employer's business might still fall within the employment scope, but giving lifts for personal reasons did not.The court rejected the contrary view expressed in Amthiben Maganlal v. Superintending Geophysicist O. N. G. C., where the liability was extended to the employer for a pedestrian killed by a vehicle. The Rajasthan High Court distinguished between the negligent act of driving and the wrongful act of giving lifts, supporting the view that the employer is not liable for unauthorized acts outside the employment scope.ConclusionThe court concluded that Harpal Singh's actions were outside the scope of his employment, and thus the State Government could not be held vicariously liable. Both appeals were dismissed with no order as to costs.
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