Motor Vehicles Act,1988  - Section 168

Vicarious liability - In view the fact that the claimant as driver of the Corporation bus was negligent to the extent of fifty percent, the Claims Tribunal fixed joint liability of the private bus owner and its insurance company at Rs. 60,000/- only - Appeal seeking enhancement of compensation - The Division Bench upheld finding of the tribunal that the cause of accident was contributory negligence on the part of drivers of both the vehicles - The Division Bench re-determined the quantum of compensation and held the claimant entitled to a total sum of Rs. 2,09,800/- only on different heads - Held order of the High Court dated 6.12.2023 in so far as it fastens 50% liability towards compensation on the appellant/Corporation is concerned is hereby set aside. It is held that in view of the contributory negligence on the part of the claimant, the respondent insurance company being the insurer of the private bus, would be liable to pay compensation in the sum of Rs. 1,04,900/- only with 9% interest from the date of filing the claim petition, as directed by the High Court.

Topic(s)-Vicarious liability