Liability of authorized person in accident case.
KRISHNAN
(Querist) 28 December 2012
This query is : Resolved
Dear Experts,
Accident has been taken place and the driver of the vehicle has been charged under sec. 279IPC, 3 r/w 181, 134(b)r/w 187 MV Act. And the allegedly said owner of the vehicle has been charged with the offences under sec. 5 r/w. 180 MV Act.
The Vehicle is in the name of the Company. In the R.C book the authorized signatory has signed(he has been charged as owner) in chargesheet. Now Authorised signatory has been changed and new one is appointed. Now whether the new Authorized signatory of the company can pay the fine on behalf of the company or the former one should pay.
Infact, in the F.I.R and the chargesheet, the former Authorised signatory has been falsely implicated as owner of the vehicle. But, the company is the owner of the vehicle.
Please kindly suggest me.
Arvind Singh Chauhan
(Expert) 28 December 2012
Only offender/driver is liable to pay fine in above sections.
KRISHNAN
(Querist) 29 December 2012
Thank you for your response sir.
But Section 5 and 180 of MV Act is saying the following, hence i had asked that question sir.
Section 5: Responsibility of owners of motor vehicles for contravention of
sections 3 and 4. - No owner or person in charge of a motor vehicle shall cause or
permit any person who does not satisfy the provisions of section 3 section 4 to drive
the vehicle.
Section 180 : Allowing unauthorised persons to drive vehicles. – Whoever,
being the owner or person in charge of a motor vehicle, causes or permits,
any other person who does not satisfy the provisions of section 3 or section 4
to drive the vehicle shall be punishable with imprisonment for a term which
may extend to three months, or with fine which may extend to one thousand
rupees, or with both.
Hence if the owner of vehicle is a company, who has to pay the fine, the present authorized signatory or the past authorized signatory who was present at the time of buying the vehicle.
prabhakar singh
(Expert) 29 December 2012
When the owner of vehicle is a company, the present authorized signatory shall pay the fine as the former is no more authorized to do any thing or pay on company's behalf.
KRISHNAN
(Querist) 29 December 2012
Thank you sir....
Raj Kumar Makkad
(Expert) 02 January 2013
The person unnecessarily challanned may put up his case before the police and it may remove his name.
