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Motor vehicle act -hiring a car driver

what does the motor vehicle law states with respect to hiring driver for a vehicle in state of karnataka.all papers,incl insurance, are in order for vehicle and driver.

1. is owner responsible for driver fault in accident /injuriy/death of oppp party
2. if vehicle is siezed by police in a accident, can owner get it released while case is pending, because owner it not at fault
3. is owner liable to pay for any damages frm the accident,IN ANY EVENT.
4. what precautions to take when hiring a permanent driver for car and handig over the car to him.


 2 Replies

Suri.Sravan Kumar (senior)     10 November 2018

1.yes owner is liable for the negligent act of the driver as the liability is vicariuous one.

2. the owner can get his vehicle released subject to permission of the court.

3. Yes owner is liable for any damages from the accident as the victim is third party. You must have a valid policy to indemnify you by your Insurance Company.

4. you must check his DL properly and also verify whether is the DL is genuine or not from RTA office. you must instruct him to drive the vehicle carefully and obey traiic rules and should not drink and rive during duty hours. you must instruct him to check the vehicle daily to see whether the vehicle is in running condition or not. lastly you must ask him to read MVAct and rules.

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Suri.Sravan Kumar (senior)     10 November 2018

if your car is regd as private car (meant for your personal use only) you must instruct him not to give lift to any unknown person or use the vehicle as stage carrier or for commercial purpose.

(I have seen some private car drivers after dropping the owner at Airport and while returning they are stopping at bus stop and asking the people to board the car and after dropping them at the destination they are collecting amount from them. This is nothing but violation of provisions of MVAct as well as conditions of insurance policy of the vehicle.)

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