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2013 Supreme(Ker) 554

S.SIRI JAGAN, K.RAMAKRISHNAN
United India Insurance Company Limited, represented by its Deputy Manager – Appellant
Versus
C. K. Ramani – Respondent


Advocates Appeared:
For the Appellant:Mathews Jacob, Senior Advocate, P. Jacob Mathew, Advocate.
For the Respondents:R1 to R4, Anil S. Raj, Aby Jacob, R5 To R7, Mrs. K.M. Beena, Advocates.

Judgment :

S. Siri Jagan, J.

1. An interesting question regarding the interpretation of the provisions of the Motor Vehicles Act arises in this case as to whether, for the negligence of an employee of the owner, other than the driver of a motor vehicle, the insurance company with whom the vehicle is insured is liable to indemnify the owner of the vehicle for the compensation due to a third party for the death or bodily injury caused in the course of use of the vehicle. In an accident involving a stage carriage owned by the 5th respondent in M.A.C.A.No.2010/2007, which happened on 29.12.1995, one Jayaprakash died. The motor vehicle was owned by the 5th respondent in M.A.C.A.No.2010/2007. The 6th respondent was the driver and the 7th respondent was the door checker of the vehicle. There was a dispute between the deceased, who was a passenger in the bus, and the door checker, in which other passengers in the vehicle also interfered. The vehicle was a stage carriage, in which, passengers were being carried for hire In the course of the dispute, the door checker pushed the deceased out of the bus and the deceased again boarded the bus while the vehicle was moving. The door checker again






























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