Legal Question in Personal Injury in India
If a car is having 5 passengers(incl the driver) and is on the highway at night.A road-roller is moving in the same direction but with no tail lights or any such light, and the car slams into the road-roller from behind, killing all the passengers.The driver had borrowed the car from its owner(its not a taxi) and the car was in perfect condition. Now the party of the passengers put their claims on the OWNER of the vehicle.As per me claims can only be based on someone's negligence and mistake.What is the mistake of the owner?and on what basis are these claims based on or justified?Can the owner be held responsible in the court?And shouldn't be the claims be on the road-roller for its negligence(no tail lamps)?
2 Answers from Attorneys
Whether the car driver held a valid license?
It all depends on facts, particularly for collision from behind. If car at time of collision was being driven rashly or negligently, then no claim against owner/ road roller would be allowed.
Though owner is protected by Insurance company provided the vehicle was covered by comprehensive insurance at the time of accident and other facts as mentioned by Mr.Srinivasan.
No fault liability is finally adjusted with the final award.
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