Offending Vehicle Archives

Vicarious application of contributory negligence to passengers

Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC

“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”

Case Briefs High Courts

Insurance Company acts as indemnifier and has no contractual/other relationship with transferee of offending vehicle: Delhi High Court

“The registered owner cannot absolve himself of the liability by contending that he has transferred the offending vehicle to a third person prior to the date of the accident.”

Case Briefs High Courts

Non-possession of valid Permit entitles Insurance Company to recover compensation paid, from the owner of vehicle: Delhi High Court

“Right to recover the compensation will also be available to the Insurance Company where the offending vehicle is being operated at the time of the accident at a place for which it does not have a valid Permit.”