• Society property damage by delivery truck

A delivery truck from Wakefit Furniture had come to deliver to my flat. While exiting the Society, the delivery truck damaged extensively the society gate pillars.

As a member of the society, what is my legal obligation to pay for the damage to the society property (gate pillars in this case)? Please advise.
Asked 2 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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9 Answers

You are in no way responsible, as the mishap occurred at the gate an account of the driver's negligence. Only the transport company is accountable for compensation. As k the society to send them a legal notice demanding payment of damages. 

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

You should pay for damage to society property caused by delivery truck delivering your furniture 

 

You can in turn sue the transporter to recover the amount paid by you to society 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

As such you do not have any legal or moral obligation to pay any damage to the society. Truck belong to Wakefit Furniture so it is company and truck driver only who are jointly and severally liable to pay damages, if any, to the society for causing damage to the gate pillar. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

- As per law, the owner of the said truck and the driver is responsible for any incident or happenings by that truck at the time of delivery of goods. 

- Hence, you are not liable for the damage of the society gate , as it caused by the negligence of the driver , 

- You can inform the delivery agency for the  payment of the repairing of the gate 

- If no response, then send a legal notice to the said agency. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

This is an act of negligence or rash driving on the part of the driver of the truck.

You are no where concerned with the mishap or the accident neither you are liable to pay any compensation towards the damages he caused.

The society can not claim damages or compensation from you for any reason. 

How can you be responsible if the truck driver met with an accident outside either before or after delivery of the goods to you.

You can refuse to pay any compensation to the society even if they demand the same by a demand notice, you can sue them for harassment and extortion offences. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear Client,

In the event that a delivery truck, responsible for transporting your furniture, causes damage to society property, it becomes your responsibility to cover the costs associated with repairing or compensating for the damages. However, you have the option to pursue legal action against the transporter in order to recover the amount you paid to the society. By taking this course of action, you can seek reimbursement from the transporter for the expenses incurred due to the damage caused by their delivery truck.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

It is no you who is liable, it the insurer of the vehicle who is liable to pay. If FIR is registered under Section 279, a claim under Motor Vehicle Act, 1988 can filed, damage can be valued and compensation  obtained through Motor Vehicle Claims Tribunal. If society insists, you can pay obtain receipt and seek reimbursement.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

They need to get ur damage from that truck owner you are not responsible as you have not told him to do the same. You can at the most provide society the information about truck driver 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You can make the repair of pillars.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

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