Compensation for Road Accident
My scooter was driving by my friend & accident occured with bike, my scooter was damaged & bike rider leg was injured but nothing was happen to his bike. Now the bike rider has applied case in court & claiming 4 lakh rupees. Court notice came on my name, I was not having my scooter third party insurance at that time. Shall i have to hire lawyor or simple i can say my friend was riding my scooter. If the bike rider wins the case, who have to pay him compensiation. Will i have to pay any thing for not having insurance of my scooter.
You are responsible to pay the compensation claimed by bike rider because you are the legal owner of vehicle and it is immaterial who is driving ,ownership is sufficient to claim the compensation,you have to prove that,contributory negelgency in the court as well as whether your vehicle is insured ,if yes then liability can be fasten on insurance company otherwise you are liable to pay the competition as per order of MACT.
Sir, by allowing your friend to ride your scooter, you have only given him permission to use your scooter, however all the liabilities arising out of the action of riding your scooter lies on you. This is due to a principle called vicarious liability, which provides certain circumstances in which case, a person becomes liable for the acts of another person due to certain relationships. In this case, since you are the actual owner of the vehicle in question, and your friend was merely riding the vehicle when the accident took place, you shall be held liable for your friend’s actions. However, you can propose to make arrangements with your friend regarding the payment of damages due to the nature of your relationship. However, strictly from the point of view of law, you shall be held accountable for all damages.
Driving a vehicle without third party insurance is a crime in India as provided under Section 196 of the Motor Vehicles Act, 1988. Section 146 of the Act provides that no person shall use or allow using an uninsured vehicle in public places in India. Further, Section 196 provides the punishment for driving an uninsured vehicle as, a fine which may extend to one thousand rupees or imprisonment for a term which may extend to three months or both.
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