Supreme Court · 1997 INSC 638 · Decided 3 September 1997
Rajasthan Road Transport Corporation v. Kailash Nath Kothari and ORS. ETC. ETC.
- Court
- Supreme Court of India
- Citation
- 1997 INSC 638 · [1997] SUPP. 3 S.C.R. 724
- Case number
- CIVIL APPEAL No. 4350/1993
- Decided
- 3 September 1997
- Bench
- A.S. ANAND, K. VENKATASWAMI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 110
Headnote
Motor Vehicles Act 1939-S. J IO(A)-Claim for compe11sation- vicmious liability of the hirer is a question of fact-In Tait, when an employee ,,- is lent, and the effective control over him is with the him; liability to com- c pens ate passes to the hirer even if the employee is paid by the the Transpo1t Co1poratio11-Hence it is liable. S. 2( 19 )--Tenn "owner"--Not be restlicted to the registered owner but ::::> D will cover the hirer of the vehicle when it in his possession and control and the driver operates under his direction. A bus, hired by the appellant -
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