• Motor accident

Who is responsible if a commercial vehicle met with an accident which made by the employed driver’s son, without having a valid license? and caused a major accident leading to spot death of two person travelled in motorcycle.
Asked 4 years ago in Civil Law

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6 Answers

Owner of vehicle and driver son both are responsible 

 

owner ought not have permitted driver son to drive vehicle without any valid licence 

Ajay Sethi
Advocate, Mumbai
99985 Answers
8162 Consultations

Criminal case on the person who was driving. If he is minor also on parents. MACT case will be on car owner and insurance company for compensation

Prashant Nayak
Advocate, Mumbai
34667 Answers
249 Consultations

- The driver of the vehicle is responsible for facing the criminal case , and if he is a minor son then the car owner will be responsible for the said offence.

- Further, the family of the victim can claim compensation from the owner of the vehicle , and also the Insurance Company. 

Mohammed Shahzad
Advocate, Delhi
15852 Answers
243 Consultations

The owner of the vehicle would be held for vicarious liability 

The negligence of the owner to make sure that the vehicle is being misused would be held as a reason to pay compensation if the insurance company repudiates the accident insurance compensation claim amount. 

The criminal case would be prosecuted by the police against the person who drove the vehicle at the time of accident. 

T Kalaiselvan
Advocate, Vellore
90187 Answers
2506 Consultations

Company would not be liable for any criminal offence committed as the why carriers liability would not be applied in this case owing to the fact that the driver had without permission of the company given the company's vehicle to his son who did not have a valid licence and therefore the driver's son would be from the early as well as liable for damages. Even insurance company would not be liable to pay any damages to the deceased persons 

Siddharth Jain
Advocate, New Delhi
6619 Answers
102 Consultations

Dear client,

 

Whether it’s a case of negligent driving or a case of drunken driving, the onus is on the person driving. The car owner can be liable if the car was not in roadworthy condition.

Once it is found that vehicle is involved in the accident, the MACT will pass an interim award under the principles of ‘no fault liability’. This means that the amount is payable, not because there was fault on the part of the driver of the vehicle, but because the vehicle was involved in the accident.

When the car is insured, the insurance company takes over the compensation liability.

 

Thank you.

Anik Miu
Advocate, Bangalore
11069 Answers
125 Consultations

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