SELVARAJAMANI Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) The question that requires our consideration in this matter is, as to whether a owner of a motor vehicle and consequently, an insurer, can be held liable for the damage suffered by the victim by the negligent use of the vehicle even in cases where the negligent use was by a person who had stolen the vehicle, despite the precautions taken by the owner.

(2.) In this case, the vehicle which belonged to the owner has been found by the Tribunal as also by the learned single Judge to have been stolen. The accident occurred when the vehicle was being used by the person who had committed theft.

(3.) The evidence in this case which has been accepted by the Tribunal is that the owner had not been negligent as the owner had locked the car and had not to be held guilty for any other act of negligence in relation to the manner in which the car was left or the place at which it was left or the condition in which it was left.