Liability of KSRTC in MV cases
Jagadeesh Kumar V
(Querist) 19 February 2011
This query is : Resolved
KSRTC a transport corporation took a private vehicle on contract basis to run the bus on the roots fixed by corporation. bus met with an accident. the original owner has insured the bus with insurance com as per the contract Between the KSRTC and owner. Bus met with an accident. KSRTC take defense that it is not liable to pay compensation as the vehicle is running on contract basis and the insurance on force at the time of accident. the insurer take defense that vehicle is running under the KSRTC, hence it is not liable. My question is who is liable to pay compensation to the injured or deceased. any citations Pls provide>>>
Advocate. Arunagiri
(Expert) 19 February 2011
It is not possible for the KSRTC to take private vehicle on contract.
If it is a real case, the KSRTC would have taken a commercial vehicle on contract.
As per the insurance terms, the private owned vehicles can not be sent on contract.
But, the commercial vehicle can be sent on contract.
So, the insurance company has to pay the insurance claim.
Send a notice to the insurance company.
