Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Vijay Vijay (propreitor)     12 October 2014

Two wheeler accident - mact

Employee requested for my bike to visit nearby place(personal reasons) and be returned within a hour. But as he didn't had license, he asked other employee to drive the bike.

Both had travelled about 100kms from my place and met with a accident. The one driving the vehicle had head injury and taken to hospital, other employee had leg injury. Next day employee driving the vehicle is dead.

Now the problem is that my two wheeler is not insured. FIR clearly states accused as one driving the two wheeler and was driving negligent. FIR also states that they were going to a town to attend their relatives function.

Now relatives of the employee dead are planning to approach MACT with me as respondant.

Please let me know what are my liability as a employer and as owner of the vehicle.



Learning

 5 Replies

Anish Thakur 7018812737 (advocate)     12 October 2014

The owner of the vehicle has full responsibilty of any act done with his vehicle so you are fully liable for it and not having insurance is also punishable under this act.

Vijay Vijay (propreitor)     12 October 2014

Does any of the below points help the case in my favor?

1. I didn't lend the bike to the person died, infact I didn't had any knowledge that this person would drive my bike.

2. FIR states he was riding the bike at overspeed, overtaking without hornking and negligence.

3. I'm still waiting for the postmortem report, If the report states that this person was drunk then will it turn case my favor.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 October 2014

You say that your vehicle had no insurance. Do you mean that your vehicle had no insurance at all or that your vehicle had third party insurance but no comprehensive insurance. Using a vehicle with no insurance at all is a punishable offence. The liability is on the owner of the vehicle as well as on the one driving the vehicle.

If the vehicle had at least third party insurance the owner of the vehicle will have civil liability and the one who was driving the vehicle will have criminal liabilities, if any. 

In this case the person, who had the criminal liability is dead. If his relatives approach the Tribunal you will have the criminal liability if your vehicle had absolutely no insurance. In any case you as the owner of vehicle will have civil liability and you may be asked to pay compensation. 

It is to the best of my knowledge that a minimum compensation has to be paid if a motor accident results in death irrespective of who is at fault. If you had insurance, the insurance company would have paid the amount.

T. Kalaiselvan, Advocate (Advocate)     18 October 2014

You may be held liable since your vehicle insurance was not in force.  The deceased, if found to have driven the vehicle under the influence of liquor may not be compensated by court or even if the accident was attributable purely due to his fault.

Vijay Vijay (propreitor)     19 October 2014

Let me narrate the actual accident scenario, My employees when they tried to overtake a tractor, hit it from backside and banged handon with onward indica. So as per FIR the negligence and fault was on the person driving the bike. As this being the case, how just being a owner of this vehicle, I can be held responsible. And for not holding a valid insurance, I have paid 1000rs fine at RTO before collecting vehicle from police station. As per the legal advise I got from my nearby lawyer, I cannot be responsible for compensation. Best thing deceased relatives can do is approach tribunal against the tractor or indica for no fault claim. If i get notice from them, we have planned to reply them to add tractor and indica as respondants as they have third party insurance. Now Is the advise and my actions right?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register