New Delhi faced the rant of rains and storm yesterday. Lot of vehicles were crushed under the fallen trees on the roads. NDMC authorities confessed that they received innumerable calls for the devastation. “In most cases, the tree starts losing its strength due to concretisation around it. This weakens the roots and also reduces the amount of water permeating through, making the tree prone to falling down during a storm. Some trees may weaken due to diseases and termites as well, which then require the use of chemicals,” said the NDMC official as per Hindustan Times.
The point is who will pay for the damages caused? In the law there is no provision of vicarious liability of the state. The legal regime governing state liability for tortious acts of its employees is based on Article 300 of the Constitution of India. A. 300(1) allows for actions to be brought by and against the Government of India or the Government of a State in the name of the Union of India or the State respectively. The sovereign and non-sovereign functions of the state determine whether state is liable or not. If a tortious act is committed by a public servant in discharge of sovereign functions, no action will lie. But when the officials themselves hold the view (supra) that falling of tress could be due to their weakening owing to concretization around it, diseases and termites etc then they cannot try to protect themselves under the umbrella of sovereign immunity. It is definitely a product of their negligence, wrongful execution and omission or commission either voluntarily or involuntarily so there should be no escape. This remedy be ought to be available to the victim apart from claim against the comprehensive insurance policy