traffic violation

Querist : Anonymous (Querist) 25 April 2011 This query is : Resolved
One of my Companies Driver took my car and committed an accident while going to deliver some goods of the Company. What is my liability in such circumstances as the owner of the car.

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Basavaraj (Expert) 25 April 2011
A master has vicarious liability for the acts of his servant actin in the course of his employment. Unless the act is done in the course of employment the servant's act does not make the employer liable. The act must either be a wrongful act authorized by the master. The driver of a car taking the car of the master on mater's business renders the master vicariously liable if he commits an accident but if the servant at the time of the accident is not acting within the course of his employment but is doing something for himself the master is not liable

Querist : Anonymous (Querist) 25 April 2011
But i m still not understanding about your comments can you please explain clearly about my query.

Thanks for your answer.

M.Sheik Mohammed Ali (Expert) 25 April 2011
the accident consider that made the accident you, so your liable to the accident, the servant is not liable except some of the situation, you engaged a lawyer

Parveen Kr. Aggarwal (Expert) 25 April 2011
You being the owner are liable towards the victim of the accident for negligence under the law of torts. The driver being your agent is also liable besides your liability as principal. However, the criminal liability under the provisions of the Indian Penal Code, 1860 for negligence will be of the driver alone.

Devajyoti Barman (Expert) 25 April 2011
If the car is insured against third party liability as well then the Insurance Company would take care of the damages.
In India the Law of Tort is not independently recognised unless any of its principles is enforced through a particular Statute.
Here the driver may be penalized for rash driving but not the Company under vicarious liability as there is no such law governing the master and servant relation in that circumstances.

Kiran Kumar (Expert) 25 April 2011
but I still consider the owner of the vehicle will be liable for the act of driver.

if the vehicle is not ensured then certainly the owner will have to pay, but as far as criminal liability is concerned it will be the driver only who will face the music.

Arvind Singh Chauhan (Expert) 25 April 2011
I go with Kiran Sir.

Guest (Expert) 25 April 2011
In simple terms, liability lies with the owner of the vehicle.

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