Negligence Claim Against Government Entity Following Vehicle Collision
Mr. Somphon, the driver of a vehicle belonging to the Department of Public Works, drove a vehicle into the district of Hin Kong, Surin Province. Mr. Somphon’s driving, accompanied by Mr. Ek as the driver, resulted in injuries of a severe nature to Mr. Ek and numerous other passengers. The Surin Provincial Prosecutor prosecuted Mr. Somphon as the defendant in a criminal case for causing severe injuries to individuals and damage to property. Subsequently, Mr. Ek and others sued the Department of Public Works and Mr. Somphon jointly for compensation based on negligence. The Prosecutor of Surin Province acted as counsel to advocate for the Department of Public Works and Mr. Somphon, refusing to advocate for their defense. Therefore, it is ordered that the Surin Provincial Prosecutor’s actions be determined to be lawful.
Although the Surin Provincial Prosecutor prosecuted Mr. Somphon and the Department of Public Works was found to be at fault, the Prosecutor has a duty to pursue legal action as stipulated in Section 11(2) of the Office of the Attorney General Act B.E. 2498 [1955]. The Prosecutor, considering the circumstances, refused to grant immunity to the Department of Public Works, while Mr. Somphon, being a civil servant of the Department of Public Works, was deemed a defendant in a criminal case. The refusal to grant immunity in the civil case against Mr. Somphon was exercised within the bounds of his authority as stipulated by law.
Regarding disciplinary action against a civil servant, Ms. Dao, who was not involved,