Driving of Government owned vehicles.
Memo No. 1004-(18) TAR-106/59-T, dated the 21st February 1959,
All Departments to Government.
Sub:- Driving of Government owned vehicles.
The undersigned is directed to say that the State Government had decided that vehicles owned by Government need not be insured compulsorily against third party risks. A copy of the Press Note issued by Government in this connection was forwarded to all Departments of Government and all Heads of Departments under the defunct Supply and Transport Department Memo No. 34662 (104) ST., dated the 1st September 1949. This however did not absolve the State Government from liability in respect of death, bodily injury or damage to property, etc. caused by Government vehicles. The claims arising out of any accident in which Government vehicles are involved have to be preferred against the Department which is in the administrative charge of the particular vehicle.
The State Government have accepted the legal liability of paying compensation arising out of accidents in which Government vehicles are involved and in accordance with the provision of Section 110 of the Motor Vehicles Act, 1939 as amended. Claims Tribunals have been constituted to settle all claims arising out of such accidents.
Government can not take any legal stand in such Tribunals if vehicles are driven by persons other than those appointed for the purpose. So Government have been pleased to order that, hereafter Government vehicles provided to Department or to quasi-Government organization should be driven only by Drivers appointed for the purpose where however due to temporary absence of a Driver it becomes necessary in the interest of Government work for the vehicle to be driven by any other person, having a valid driving licence, written permission of the immediate higher authority concerned should be obtained.
It should be made clear that in claims put forward before the Claims Tribunal in case of violation of the above rule, if Government are made liable to pay any compensation in pursuance of the award, the same shall be recovered from the officer driving the vehicle in addition to other action which may be taken against him.