Fixing Liability In Motor Vehicle Accident Cases Between Insurer, Owner And Hirer In Up Road Transport Corporation V. Rajendra Devi
Riya Kapil, Amity Law School, Amity University, Sector - 125, Noida, 201301
ABSTRACT
Under the case of Uttar Pradesh state road Transport Corporation v. rajendra Devi The death was occurred of a 45 year old man, who was on his cycle and was hit by the bus. The bus was hired by UPSRTC, by the agreement of contract between UPSRTC and owner of a bus. Now the question arises is whether Insurer Company or corporation or the hirer is liable for amount of compensation to victim’s family. In Motor Accident Claims Tribunal the id council of the insurance company held that It was a private bus and controlled by upsrtc also the working of driver was controlled by the corp. and not by bus owner. Hence the responsibility of giving the compensation wholly belongs to the upsrtc. Id council of the upsrtc sites to refer the case of Rajasthan state road Transportation Corporation kailash nath Kothari v. (1997) according to this case, the corporation is not liable to pay amount of compensation.
Later on, this case is referred to High court and followed that the appellant is vicariously liable to pay the amount of compensation to victim’s family. The insurer company has plead before the court in claiming petitioners that in case of any accident occurs the liability arising out shall not exceed beyond Rs 75000. The learned council of insurance company had further submitted that the amount has been paid by the company.
The court has further referred the definition of owner under section 2(19) of motor vehicle act,1939 and held that the insurance company would be liable to pay Rs75000 as compensation to victim’s family which has been already paid. Any amount beyond Rs75000 shall be forfeited to the insurance company.
In the case of Uttar Pradesh state road Transportation Corporation v. kulsum and others, the question of consideration was arise by referring the definition of owner under section 2(30) of motor vehicle act 1988 The question arise was when any insured vehicle is plying under the agreement with the corporation and any accident occurs, in such case whether insurance company will be held liable to pay compensation or whether the corporation is responsible or the owner?
