Shrey Bansal (student) 19 July 2021

Negligence

The management of a school, has instructed the driver of its vehicle not to allow any unauthorized person to board the vehicle. Similar information, was pasted on the vehicle itself stated that no unauthorized person was permitted to travel in the vehicle. The driver allowed an unauthorized passenger to board and drove negligently causing an accident in which the unauthorized passenger was killed. Would the school management be liable?

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5 Replies

Suri.Sravan Kumar (senior) 19 July 2021

yes school management is liable for the death of the unauthorized passenger. The un authorized passenger is 3rd party to the policy issued to the vehicle. The insurance company will be directed to pay the compensation and will be asked to recover the same from the owner of the bus.

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Dr J C Vashista (Advocate) 20 July 2021

i agree with the expert advise of Mr. Suri Sravan Kumar,

It is the liability of School management for any accident / incident / happening with the offending vehicle. The driver can be punished for violation of school policy besides criminal proceeding.

Manoj Chaudhary Advocate 20 July 2021

management personally not liable but claim of death shall be paid by the insurer of the bus. if vehicle is uninsured, then owner/school management of bus is liable to pay compensation.

G.L.N. Prasad (Retired employee.) 20 July 2021

I am afraid when there is a specific rule that prohibits the entry of stranger or outside party and as per permits given by RTO, the insurance company never provides claim and the school has to pay compensation as it has vicarious liability.