State can't evade liability in road mishap cases: Kerala High Court

Kochi: The Kerala High Court has held that the government cannot evade its limited liability in a case of accident occurring on a public road where road tax is levied. The government can either shoulder it by itself or fasten upon the authorised insurance company by statutorily making it  liable. An appropriate change in the statute that will make the government/the insurer liable for a fixed sum in case of injury/death is the need of the day, the court held.  

The court asked the state to consider the order and  held that that as the law now stands when an accident occurs if there is no personal  insurance coverage taken by the owner, in a case of death, the dependents will not be getting any amount. The apex court back in 1977 itself had sounded a warning wherein it is stated:  “With the emergence of an ultra modern age which has led to strides of progress in all spheres of life, we have switched from fast to faster vehicular traffic which has come as a boon to many, though sometimes in the case of some it has   proved to be a misfortune. The time is ripe for serious consideration of creating no-fault liability.”

The court also noted:  “There is a niggardly recognition of the  state's obligation to its people particularly so when  the frequency of accidents involving the public  transport system has increased beyond believable  limits.” The bench comprising Justice C.T. Ravikumar and Justice K.P. Jyothindranath held:  “It is a fact that motor vehicles are dangerous in nature by their  speed as well as by their working mechanism. Two-wheelers cannot be  considered as a luxury now. Even small young families travelling on  two-wheelers is a common sight on the roads.

This single track vehicles are highly prone to accident.  Their  dynamics of motion is highly complicated. Roads  are provided by the government to ply the vehicles. There are different  kinds of motor vehicles, including the motor bikes, where the owner  will be riding the same on the public roads provided by the  government without any personal insurance coverage.”