ORIENTAL FIRE AND GENERAL Vs. PRAKASH DEVI

JUDGEMENT

(1.) A very short and limited question arises for consideration in this appeal.

(2.) THREE persons were moving on a two-wheeler scooter bearing Registration No. BHV 7079 on 24.12.1981. A maxi-taxi bearing Registration No. BHM 799 collided with the scooter dragging it along for about 40'/50' and, ultimately, dashed against an electric poll. All the three occupants of the scooter died. The scooter was insured with the appellant/Oriental Fire and General Insurance Co. Ltd. and the maxi-taxi was insured with Respondent No. 3/New India Insurance Co. Ltd.

(3.) CURIOUSLY enough totally exonerating the driver of the scooter for any act of negligence or rashness in causing the accident, the learned Single Judge went on to fasten the Oriental Fire and General Insurance Co., the appellant herein, the insurer of the scooter, with the liability of paying Rs. 25,000/- (twentyfive thousand) with interest. That was totally unjustified. Undoubtedly, the insurer is liable to indemnify the owner or the driver of a vehicle with respect to the award passed against the owner, but only when the driver or the owner is held responsible in causing the accident due to rash or negligent driving of the vehicle. The learned Single Judge having absolved the driver of any rashness or negligence in causing the accident, it was not open to him to fasten the aforesaid liability upon the insurer of the vehicle.