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Analysing the retrieved Case Laws
Scanned Judgements…!
Jagjeet Singh VS New India Assurance Co. Ltd. - Consumer
"]When theft occurs, the owner’s liability is not automatic; it depends on whether there was negligence, breach of security, or violation of policy conditions. If theft is proven without owner’s fault, liability may be disclaimed. ["2023 0 Supreme(Jhk) 910"]
Analysis and Conclusion:
Jagjeet Singh VS New India Assurance Co. Ltd. - Consumer
"]References:["2024 0 Supreme(P&H) 1400"] ["2023 0 Supreme(Telangana) 542"] ["1977 0 Supreme(All) 93"] ["1945 0 Supreme(Cal) 209"] ["2019 Supreme(Online)(Jhk) 4"] ["2024 0 Supreme(Del) 99"] ["1998 0 Supreme(Ori) 86"] ["1965 0 Supreme(MP) 134"] ["2018 6 Supreme 227"] ["1991 0 Supreme(SC) 322"] ["
Jagjeet Singh VS New India Assurance Co. Ltd. - Consumer
"]
Imagine this: Your employee siphons petrol from your commercial tanker's fuel tank while it's parked overnight. The fuel is gone, and now questions arise—who's responsible? As a business owner operating commercial vehicles, understanding your potential liability is crucial. This post dives into the legal question: whether the owner of commercial vehicles is liable for theft of petrol from the tanker by his employee.
We'll explore insights, principles of , and practical steps to protect your business. Note: This is general information based on and not specific legal advice. Consult a lawyer for your situation.
Generally, the owner of a commercial vehicle is not liable for theft of petrol from the vehicle's tank by an employee unless in safeguarding the vehicle is proven. Theft is typically viewed as an act by a third party—here, the employee acting without consent—releasing the owner from responsibility. [
#VehicleOwnerLiability, #EmployeeTheft, #PetrolTheftLaw
The insurer was thus liable to indemnify the insured. ... Plaintiff filed suit for recovery of Rs.65,000/- as an insurance claim for loss of his car which was being plied as commercial taxi which was lost by way of theft. As per the case of the plaintiff, he was owner of a Padmini car bearing No.PNY-1765. ... Whether the suit is within limitation? OPD. 4. Whether the car taxi PNY-1765 has been transferred by its owner Kewal Krishan to one Janak Raj a commission agent Giddarbaha? If so ....
(i) Whether there is evidence to hold that the crime vehicle was stolen; and (ii) Whether even if the vehicle was stolen and the accident was committed by the person who has stolen the vehicle, the insured and insurer are liable to pay compensation jointly ... The contention of the learned counsel for the insurance company is that since the crime vehicle was stolen, the owner of the vehicle is not liable and consequently, the Insur....
using the vehicle without the documents mentioned above, the owner was liable for the act of Namdar Khan. ... Goel, that in view of the absolute prohibition imposed by the Act. the owner was liable for the act of his servant irrespective of the guilty mind. ... The use of the words "causes or allows a motor vehicle to be used" make a owner liable for the breach of the provisions of the Act mentioned in Section 123. ... The question arises in this case whether Section ....
The wholesale petrol suppliers supplied petrol to various petrol depots according to demand, and the owner of the petrol depot was required to hand over to the wholesale suppliers a number of used coupons equivalent to the quantity of petrol supplied. ... of the petrol was under an obligation to enter up in the permit book which the owner or driver took to the supply depot, the number of gallons supplied and the serial letters and numbers of the coup....
On 19.11.2014 at about 7.50 a.m. my driver informed me over Telephone that his vehicle had been stolen away by miscreants after assaulting him. ... In their Written Statement, these Opposite Parties have stated that the Complaint is neither maintainable on facts nor on law and is liable to be dismissed in limine. 14. ... Thereafter, the owner of the vehicle, informed the Insurance Company and submitted a claim form along with all required documents as per their demand. ... According to the Driver (Deponent), the vehicle was being plied w....
In Mariammal (Supra), the High Court of Madras held that where the vehicle is stolen, neither the owner nor the insurer thereof are liable to pay the compensation. 32. ... If the owner is not liable, then the Insurance Company can also not be made liable for paying the compensation. 13. ... Once the driver is liable, the owner of the vehicle becomes vicariously liable for payment of compensation. It is this vicarious liability of th....
at Centai of Midnapore, we are not impressed with this argument, as the owner has neither examined himself nor has he examined the driver or the owner of the said Petrol Pump to establish that the vehicle in question was in fact parked at the Petrol Pump from where it was stolen. ... It is, therefore, difficult for us to accept that after parking the vehicle at the Petrol Pump, neither the owner nor the driver of the vehicle or the owner of the #HL_S....
to a penalty whether he had any Mens Rea or not, and whether or not he intended to commit a breach of the law. ... State [1960 JLJ 251=1960 MPLJ 384] could not be pressed into service by him in taking that view inasmuch as in that case the only question involved was whether a bus conductor and driver could be convicted or not, and not whether the Owner could be ... I had an occasion to examine vicarious liability of the absentee owner with regard to the offences of overloading of passe....
in a goods vehicle truck and I have held that the owner would be liable. ... Tyler and Interna-lional Commercial Co. , Ltd. 1891-2 QB 588 at p. 592 : 61 LJ mc 38. ... to a penalty whether he had any mens rea or not and whether or not he intended to commit a breach of the law. ... State 1960 MPLJ 384 : (AIR 1960 Madh Pra 151) could not be pressed into service by him in taking that view inasmuch as in that case the only question involved was whether a bus conductor and driver could be co....
the first order the Collector (Stamps) has held the petitioner liable ... would not be determinative factor whether or not stamp duty should company purchased both the plots from the same owner petitioner purchased a land measuring 2518 square yard the Plot A is vacant and their owners do not object passing of vehicles
2. The appellant is a dealer of petroleum products marketed by the Bharath Petroleum Corporation Limited. Admittedly, the petrol pump run by the appellant is having three outlets for filling petrol/diesel in the vehicles, which is a commercial establishment within the meaning of the Kerala Shops and Establishment Act, 1960.
Lateron, the respondent No. 7 was also apprehended and he also admitted of his participation in the crime and receipt of Rs. 1200/from respondent No. 1 for helping him for removing the can from the wagon. In the circumstances, the complaint came to be filed. He also admitted that his van was used for stolen railway petrol. After verifying the registration record of the Maruti van, the respondent No. 6 was called for enquiry.
The petitioner is the principal agent, who was selling petrol on the petrol pump and the petrol pump belongs to the petitioner. If adulterated petrol is sold or less petrol is sold to customers by tampering with pump meter or electricity is stolen, it is the responsibility of the petitioner and has a duty to do regular inspection and keep a check on the petrol pump. The petitioner cannot wash off its hands saying that it has nothing to do with the petrol pump once it gave license. The petitioner in its own petition has not stated if it had taken any action against responden....
(v) Whether the findings of the Commissioner are vitiated for non consideration of evidence on record?" (iv) Whether the Commissioner is justified in dismissing the application against respondent 2-insurance company? Whether the insurance company is liable to indemnify the owner of the vehicle?
Whether the conversion of the vehicles from petrol/diesel to LPG is permissible in law ? Whether the petitioner's are entitled to the relief as prayed for ?
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