5541 - Whether government can be held liable For Accidents in Public Roads Since Road Tax Is Levied By It? MACA.No. 2102 of 2013, 02.09.2016, High Court, Kerala & Ernakulam, Thanks to Law Web

But the Government cannot elude from its limited liability in a case of accident occurring in a public road, where road tax is levied by the Government. Government can either shoulder it by itself or can fasten upon the authorised insurance company by statutorily making the company liable over and above the liability of the insured when they indemnify i.e., at the moment they are entering into an insurance contract as required under Chapter XI of the Motor Vehicles Act, they should be made statutorily liable for the welfare state liability. An appropriate change in the statute that will make the Government/the insurer liable for a fixed sum, as in the case of Section 140 of the Motor Vehicle Act, payable to the owner in case of injury/death is the need of the day

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