Hindustan Trading Corporation vs Bhanuben Babubhai Alias Balubhai ...
2022 Latest Caselaw 5938 Guj

     C/FA/3476/2021                            ORDER DATED: 05/07/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 3476 of 2021
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                  In
                    R/FIRST APPEAL NO. 3476 of 2021
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                 HINDUSTAN TRADING CORPORATION
                             Versus
             BHANUBEN BABUBHAI ALIAS BALUBHAI VASAVA
==========================================================
Appearance:
MS SIMPAL RATHORE ADVOCATE FOR B P PATEL(7510) for the
Appellant(s) No. 1
 for the Defendant(s) No. 5,6
JAYDEEP H SINDHI(9585) for the Defendant(s) No. 7
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 8
RULE SERVED for the Defendant(s) No. 1,2,3,4
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                           Date : 05/07/2022

                            ORAL ORDER

1. Ms. Simpal Rathore, learned advocate for Mr. B.P. Patel, learned advocate for the appellant submits that, the appellant is a corporation and would have many employees and the reasonable verification would have verified the license before employing any person as a driver of the vehicle and thus the corporation could not be made guilty of any breach of section 149(2)(a)(ii) of the M.V. Act.

2. Relying on the judgment of United India Insurance Company Ltd. Vs. Lehru, reported in 2003 LawSuit (SC) 255, Ms. Simpal Rathore submits that the insurance company could not be absolved of the liability

C/FA/3476/2021 ORDER DATED: 05/07/2022

even if thereafter it turns out that the license was fake, the Insurance Company would continue to remain liable unless they prove that the owner/insured was aware or had noticed that the licence was fake and still permitted that person to drive. Ms. Rathore submits, that would not be the case when the owner is the corporation.

3. Considering the submission, Admit.

Order in Civil Application

Rule returnable on 30.08.2022.

In the meantime relief in terms of paragraph 9(b) is granted.

(GITA GOPI, J.) Pankaj