NATIONAL INSURANCE CO. LTD. versus DEEPA DEVI AND ORS.

NATIONAL INSURANCE CO. LTD. versus DEEPA DEVI AND ORS.

When a vehicle is requisitioned and under the exclusive control of the State or its officers for official duties, the State is solely liable for compensation for accidents during that period; the registered owner and insurer bear no such liability.

Parties
Appellant: National Insurance Co. Ltd.; Respondent: Deepa Devi; Respondent: Joginder; Respondent: State of Himachal Pradesh; Respondent: Sub-Divisional Magistrate Rampur
Jurisdiction
India
Judgment Date
11 December 2007
Procedural Posture
Civil Appeal / Appeal From the Judgment and Order Dated 17.5.2005 of High Court of Himachal Pradesh in FAO (mva) No. 208 of 1997
Outcome
Appeal allowed. Judgment of the High Court set aside.
Legal Topics
Compensation for Motor Accident, Liability in Vehicle Requisition, Insurance Liability, Vicarious Liability
Motor Vehicles Law Tort Law Compensation for Motor Accident Liability in Vehicle Requisition Insurance Liability Vicarious Liability

Case Brief

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Parties

National Insurance Co. Ltd.

Appellant

Deepa Devi

Respondent

Joginder

Respondent

State of Himachal Pradesh

Respondent

Sub-Divisional Magistrate Rampur

Respondent

Procedural Posture

Civil Appeal / Appeal From the Judgment and Order Dated 17.5.2005 of High Court of Himachal Pradesh in FAO (mva) No. 208 of 1997

Legal Issues

  1. 1 Whether the State or the registered owner/insurer is liable to pay compensation when a requisitioned vehicle is involved in an accident during government control

Ratio Decidendi

When a vehicle is requisitioned and under the exclusive control of the State or its officers for official duties, the State is solely liable for compensation for accidents during that period; the registered owner and insurer bear no such liability.

Court Disposition

Appeal allowed. Judgment of the High Court set aside.

Orders

  • State held liable to pay compensation, not the registered owner or insurer.
  • No costs.