Vicarious Liability

Bhawani Mahapatra (Querist) 31 December 2010 This query is : Resolved
Suppose an advocate, with the instruction of his client is going to present a case before a court, by driving the car of his client, met an accident, where a person killed due to collision with the car.

Now my question is whether the client is vicarously liable for the wrong committed by his advocate during the course of his engagement ?

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Arvind Singh Chauhan (Expert) 31 December 2010
Not for criminal Act specially for 304 A, but yes for civil liability as for MACT.
He has criminal liability only in MV Act if lawyer does not have valid driving license then client is guilty of 180 M V Act.

DEFENSE ADVOCATE.-firmaction@g (Expert) 31 December 2010
Client does not have liability.

N.K.Assumi (Expert) 31 December 2010
In other words if the lawyer instruct the client to do something and on his instruction the client while doing so meet with an accident should the lawyer be liable? No.

Ashok Yadav (Expert) 31 December 2010
No client shall not be liable. Mr. Arvind has advised it very clearly

Guest (Expert) 31 December 2010
Mr. Bhawani your querry appears to test the knowledge of experts. As per facts disclosed car driving is not a part of emloyment as Advocate . The relation at the time of accident are of Driver and Owner of vehicle hence Provisions of M.V. Act describes the personal and vicarious liabilities of Driver and Vehicle owner . Owner is liable to pay compensation through insurance company or by himself if vehicle is not insured and Driver is liable for negligent Driving under Indian Penal Code. as the circumstances permits

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