In an attempt to control a riot, the police began firing. A bullet pierced a car and fatally injured the driver. His wife filed a petition to claim compensation. Will she succeed?
TheSayeed Answered question March 15, 2024
Facts of the Case:
- During a riot, the police opened fire in an attempt to control the situation.
- A bullet from the police firing penetrated a car, causing the death of the driver.
Issue in the Case:
- Can the wife of the deceased driver succeed in her petition to claim compensation for his death?
Principle:
- Article 300 of the Indian Constitution states that the State shall not be liable to pay compensation for any action performed in the exercise of sovereign functions.
- Controlling a riot by the police is considered a sovereign function of the State.
Judgement:
- The wife of the deceased driver cannot succeed in her petition to claim compensation.
- In the case of State of Orissa v. Padmalochan, the Supreme Court held that injuries caused by police personnel while dispersing an unlawful crowd are considered to be in the exercise of the sovereign function of the State.
- Therefore, the State is not liable to pay compensation for such injuries or fatalities resulting from actions taken to control a riot.
Based on the legal principle established in Article 300 of the Indian Constitution and the precedent set in State of Orissa v. Padmalochan, the wife of the deceased driver is unlikely to succeed in her claim for compensation against the State.
TheSayeed Answered question March 15, 2024