State cannot claim sovereign immunity in Motor Accident cases-Says Delhi High Court

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The already devastated legal heirs of deceased victim of the vehicle accident involving government vehicle now, no longer have to run from pillar to post to get compensation which is denied to them on the ground of government vehicle engaged in so called sovereign duty and thus claim sovereign immunity which is an archaic concept. No civilized country in this world which claims itself to be founded on the notions of the welfare state, shun its liability towards accident victims and their legal heirs involving its own vehicle on the ground they were doing a government duty, thus, entitled to act in any manner as it is sovereign. No legal system today can place the State above law as it is unjust and unfair for a citizen to be deprived of his life or property illegally by negligent act of employees or officers of the State without any remedy. The Government and its functionary have trend to deny their liability towards the poor victim or the legal heir victim of state negligent act by raising the plea of the sovereign immunity, showing their apathy towards the victims which reflects the medieval mindset borrowed from the British Raj.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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