Vicarious liability of criminal act
Adv.Vishal Anil Vyavahare
(Querist) 29 May 2013
This query is : Resolved
Hello Sir,
My client is a Toll Plaza company having Toll Naka at Chandwad (Nashik). On 3rd Feb 2013 one car owner about to reach Chandwad toll naka, unknown person tried to stop his car and sensed some foul play he moved his vehicle towards the toll naka.
He tried to run away without paying any toll amount thats why Security Guards shouted to stop his vehicle by heard shouting Truck moving ahead from his vehicle stopped and his car dashed into the truck.
After 3/4 days he lodged NC against unknown persons at Police Station u/s. 323, 504, 506, 427 IPC.
Moreover he send Legal notice to my client to i.e. Toll Plaza demanding Compensation and alleging that some unknown persons who were beat him were the employees of my client so my client is Vicariously Liable for physical and mental Damages of his family
Whether my client is vicariously Liable for the alleged act of Security Guards which does not come under the due course of employment?
Without paying any toll amount he ran away,he does not come with clean hands so whether he has any right to lodge complaint after 3/4 days?
please suggest.
Thanks,
Vishal A. Vyavahare
adv. rajeev ( rajoo )
(Expert) 29 May 2013
In my opinion co., can claim the damages for vicarious liability, but burden lies on the co., to prove persons are your employees. You can reply by denying in notice in toto.
Raj Kumar Makkad
(Expert) 30 May 2013
Your client is not liable to bear such liability as is demanded. Even his presence on naka can be denied if the vehicle had already been removed from that place prior to filing of the FIR. If complainant do not bear the naka receipt then no use to further intermingle in the contents of moving withouy payment, dashing with truck, shouting and beating etc.
When basis question cannot be satisfied by complainant then no need to further clarifications.
