Motor accident by hydra
5 months ago
Sir,
Actually I work as a stores officer in a psu.Few days ago the driver of the hydra (which is stationed at Stores) injured a worker at a work site of one of our sister divisions,now the hydra is having proper insurance but the driver of the hydra is not having any proper license for hydra,he was driving hydra since last 5 to 6 years ,before I joined in Stores.The DDO of our office has also issued an order for the driver to drive hydra in 2021,now since the hydra driver had injured a person with hydra,he was called for questioning by police he said that I have forcefully told him to drive the hydra .In the present condition who is guilty.
A.Dear Client,
According to Section 181 of the Motor Vehicle Act. if a person is found driving the vehicle without a valid driving license he would be subject to a fine of up to 500 rupees and a punishment of up to 3 months. As per the Motor Vehicle Act, a vehicle shall have compulsory insurance in respect of the third party, so that in case of an accident there is insurance for the payment of compensation to the victim, but there are certain restrictions in an insurance contract that if the vehicle is driven by an unlicensed driver then Insurance Company cannot be made liable to pay compensation. However, in the case of S. Iyyapan v/s M/S United India Insurance Company and Another, the Supreme Court held that the insurance company was liable to pay the victim even if the driver was unlicensed so that the victim should not be deprived of the money due to him. Hence Insurance Company has full rights to recover their money from the owner of the vehicle. The owner of the vehicle is also liable if he allows an unlicensed driver to drive his vehicle under Section 180 of The Motor Vehicles Act and liable for imprisonment up to 3 months or a fine up to Rupees 1,000/- or both. If the unlicensed driver fails to prove his statement made before the Police accusing you of the accident/injury before the Court, you being an employee of the Company cannot be held guilty for the accident/injury.
According to Section 181 of the Motor Vehicle Act. if a person is found driving the vehicle without a valid driving license he would be subject to a fine of up to 500 rupees and a punishment of up to 3 months. As per the Motor Vehicle Act, a vehicle shall have compulsory insurance in respect of the third party, so that in case of an accident there is insurance for the payment of compensation to the victim, but there are certain restrictions in an insurance contract that if the vehicle is driven by an unlicensed driver then Insurance Company cannot be made liable to pay compensation. However, in the case of S. Iyyapan v/s M/S United India Insurance Company and Another, the Supreme Court held that the insurance company was liable to pay the victim even if the driver was unlicensed so that the victim should not be deprived of the money due to him. Hence Insurance Company has full rights to recover their money from the owner of the vehicle. The owner of the vehicle is also liable if he allows an unlicensed driver to drive his vehicle under Section 180 of The Motor Vehicles Act and liable for imprisonment up to 3 months or a fine up to Rupees 1,000/- or both. If the unlicensed driver fails to prove his statement made before the Police accusing you of the accident/injury before the Court, you being an employee of the Company cannot be held guilty for the accident/injury.
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