9911796707
TMI Blog2014 (7) TMI 773X X X X Extracts X X X X X X X X Extracts X X X X ..... or the said argument. The appellant, who is the first respondent, was sued in his capacity as the registered owner of the vehicle. Admittedly, the vehicle was not covered by an insurance policy. Therefore, it is the duty of the registered owner of the vehicle to compensate the persons who sustain injuries in the accident caused by the said vehicle. The liability in the present matter on the State is not merely a vicarious liability in some wrongs committed by an official of the State, whereas the claim as such was on account of the injuries caused to the two third parties on account of the rash and negligent driving of a government official and the liability cast upon the State herein is in the form of a liability on the part of the reg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (iii) On seeing the motor bike coming from the byroad the 2nd respondent stopped the car. 4. On going through the said contentions, it is evident that the case forwarded by the appellant herein before the Tribunal was that no accident had occurred as alleged by the petitioners and, therefore, the appellant is not liable to compensate the petitioners who sustained injuries. 5. The learned Tribunal, after considering the evidence in the matter, allowed O.P.(MV) No.1187/2010 and arrived at an amount of 27,000/- as compensation to the petitioner in the said case. Further, the learned Tribunal allowed O.P.(MV) No.1179/2010 and arrived at a compensation of 16,000/- to the petitioner therein. Interest at the rate of 7.5% per annum from 0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the accident caused by the said vehicle. The vehicle was driven in a rash and negligent manner so as to endanger human life by the 2nd respondent, which had resulted in the incident. A person, who has committed rashness and negligence in driving the vehicle and has caused the accident, cannot be heard to say that he was exercising any sovereign functions. The registered owner of the vehicle, who has employed such a driver, cannot take shelter by contending that the accident had occurred in the course of discharge of some sovereign functions and, therefore, the registered owner of the vehicle is not liable to compensate the injured persons. 9. It has to be noted that at first, before the Tribunal the contention of the appellant was t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
