ORIENTAL INSURANCE CO LTD Vs. KRISHNAN

JUDGEMENT

(1.) The employee of the insured while driving the vehicle which was being driven negligently by him died as a result of the accident that occurred. The insurer disclaimed the liability on the ground that no liability is cast on the owner of the vehicle when his employee is guilty of rashness and negligence and, therefore, the insurer is also not liable.

(2.) Section 140 of the Motor Vehicles Act provides for liability without fault in certain cases. That is a liability created by statute on the owner of the vehicle which was involved in an accident as a consequence of which a person suffers death or permanent disablement. In this case, the person who died drove the vehicle which was involved in the accident. The fact that the accident was caused by the person who died is not a factor which is required to be taken note of for determining the liability under section 140 (1) of Motor Vehicles Act.

(3.) The learned counsel for the insurer sought to read common law into section 140 of Motor Vehicles Act and contended that unless there is liability, dehors the Act, the Act is not to be read as having imposing a liability. We cannot agree. The very title of the Chapter 10 as also the heading of section 140 makes it abundantly clear that the liability created under that provision is created by virtue of that statutory provision and that the section is intended to modify the requirement of proof of negligence as a precondition for casting liability. The liability created by this statutory provision is absolute in the circumstances referred to in the section. Irrespective of the fault of the person driving the vehicle, if his death is on account of the use of that vehicle, the section is attracted.