It refers to a situation where someone is held responsible for the actions or omissions of another. In the field of Tort, it is considered to be an exception to the general rule that a person is liable for his acts only. It is based on the principle of qui facit er se er alium facit per se, which means, "He who does an act through another is deemed in law to do it himself".
When a case of Government liability in Tort comes before the courts, the question is whether the articular government activity, which gave rise to the tort, was the sovereign function or non-sovereign function. If it is a sovereign function it could claim immunity from the tortuous liability, otherwise not. Generally, the activities of commercial nature or those which can be carried out by the private individual are termed as non-sovereign functions.
In case of any medical negligence, if the doctor acting in the course of employment of the Government Hospital, the Government is liable for the negligent act as it come under the preview of State Liability. In the case of State of Punjab v. Shiv Ram & ors, cause of action for claiming compensation in cases of failed sterilization operation arises on account of negligence of surgeon and not on account of child birth.
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