Helper taken keys fraudulently from Driver Motor Vehicles Act (59 of 1988) S.147 — Liability to pay compensation —

😎Helper taken keys fraudulently from Driver
Motor Vehicles Act (59 of 1988) S.147 — Liability to pay compensation — Determination — Claimants have proved that accident was outcome of rash and negligent driving of tractor by its driver and saddled liability on owner on ground that driver was not having valid driving licence — Owner pleaded that offending driver was engaged as helper and he had taken keys of offending vehicle fraudulently and driving same at time of accident — No evidence produced by owner to prove his plea nor such FIR has been lodged — Even if offending driver had taken keys fraudulently same amounts to breach on part of owner — Fixing liability on owner proper (Paras 11-19, 22)

Padam Dass and another
Vs Man Kumari and others.
Himachal Pradesh High Court
FAO No. 411 of 2009
2016 AAC 431 (HP)