M V ACT

This query is : Resolved 
 

Online (Querist)
20 July 2009

HELO ALL LRD EXPERTS

A VEHICAL WAS PARKED WITH THE ON INDICATER IN THE MORNING ON THE DRIVER SIDE MEANS LEFT SIDE ANOTHER TRUCK CAME BEHIND STOPPED VEHICLE WHICH WAS PARKED DUE TO FAILURE OF THE SAID VEHICLE DUE TO CLASH OF TRUCK 2 PERSONS DIED IN THE TRUCK WHO SITTED IN THE TRUCK HOW MUCH THE OWNER AND INSU COMPANY LIABLE FOR THE DEATH OF THE TWO PERSONS


Swami Sadashiva Brahmendra Sar (Expert)
21 July 2009

1. If deseased were ex-Garcia passengers and not the owner of goods carried in the truck, the insurance co is not liable. Owner has also strong defence that they were carried without his knowledge. Thus only driver will be liable.
2. If deseased were legally entitled to travel in the truck i.e. they were owners of goods carried in the truck then insurer is liable for compensation.

PALNITKAR V.V. (Expert)
21 July 2009

I think the owner would also be liable on the basis of vicarious liability.

RAKHI BUDHIRAJA ADVOCATEOnline (Expert)
21 July 2009

The owner is liable



Guest (Expert)
21 July 2009

If the driver has acted illegally ie., carried passengers in a goods vehicle, the owner cannot be held liable (even under vicarious liability).

Sarvesh Kumar Sharma Advocate (Expert)
21 July 2009

i agree with mr.V.N.Tripathi.



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