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Purnya Kala Devi v. State of Assam and another

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 1672 of 2010)Decided 7 Apr 2014
Civil Appeal No. 1672 of 2010
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice N.V. Ramana

Background

Purnya's husband was killed by an uninsured bus that Assam authorities had requisitioned for government duty. The State asserted that the bus had already been released when the accident happened. The lower courts ordered the registered private owner to pay compensation, and the widow challenged the State's exemption from liability.

Decision Breakdown

The Supreme Court allowed the appeal and required Assam to pay ₹1,94,400 with nine per cent annual interest from the claim petition until deposit. The State produced no written release notice or other material proving lawful return of the vehicle before the accident, as required by the requisition statute. Possession and control under requisition made the State responsible as owner for this claim. The Court rejected reliance only on the registration entry and noted the use of an uninsured vehicle. Deposit was required before the Tribunal within eight weeks of receipt of the order, after which the widow could withdraw it.

Lesson Learnt

When the State controlled a requisitioned vehicle, it could not avoid compensation by merely asserting that it had returned it. Proper release records mattered to deciding who bore responsibility for the accident.

Official source (sci.gov.in)View Judgment (PDF)

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