SC – Liability of Driver and Bus taken for election duty – Accident Compensation

SC Reiterates – Insurance Policies Do Not Cover vehicles under the Government requisition for election duty

Accordingly, it is held that where a vehicle is requisitioned for public functions and an incident occurs during the period of such requisition, liability ought properly to be borne by the requisitioning authority, and not by the insurer engaged by the owner for the vehicle’s regular and voluntary use.

There is yet another point that needs consideration. Section 160 of the Representation of the Peoples Act, 1950 grants power to the State to requisition premises and vehicles. The provision, however, does not expressly authorize the requisition of manpower such as driver. In practice, however, vehicles are often placed at the disposal of the authorities along with their drivers. In practice, however, vehicles are often placed at the disposal of the Authorities along with their drivers in view of operational convenience. Once the vehicle is requisitioned and deployed for election duty, its control and use effectively passes to the State authorities for the duration of that period, as already observed supra.

There was accident of the motor cycle and the bus requisitioned for Gram Panchayat elections.  The Tribunal granted compensation and fastened the liability on Insurer.   However, the High Court shifted the liability on the District Magistrate.

Judgment dated 23.3.2026 of the Supreme Court in SLP (Civil) No.22910 of 2025 of the District Magistrate and  District Election Officer and Collector, Gwalior, M.P.   Vs.  National Insurance Company Limited and others