ART 294 (b)

The doctrine of sovereign immunity has no application so far as claims for compensation under the Motor Vehicles Act are concerned. The doctrine of sovereign function of the state is based on old outdated common law principle borrowed from British Jurisprudence that King can do no wrong. However, the Apex Court in its judgment of Pushpa Thakur Vs. Union 1984 ACJ 559 has settled the issue and cleared in very explicit terms that the doctrine of sovereign immunity has no application so far as claims for compensation under the Motor Vehicles Act are concerned. The Apex Court held that where the accident was caused by negligence of driver of military vehicle, the principle of sovereign immunity was not available to the State. So in the case of government vehicle engaged in accident due to negligent driving of driver, the doctrine of sovereign immunity is not available and it cannot absolve the government department from the liability. However, the driver can engage the services of Govt. Counsel.

if the driver is central govt employ & he is driving under the duty time then govt is liability for this mistake. its coming under vicarious liability. if the driver doing on his wish then for that incent the driver himself liability