V J ACHARYA Vs. RATILAL FULCHAND SHAH

JUDGEMENT

(1.) A car-owner hands over a car for repair to garage. The mechanic of the garage who does not have and never had a driving licence drives the vehicle negligently and knocks down a man. Should the owner of the vehicle be held liable for damages arising out of the accident ?

(2.) Dr. Acharya was proceeding from Gamdevi to British Council Library on the morning of 18-1-1969 when his car MRC 7456 failed and got stalled just beyond the Life Insurance Corporation building near traffic control department. Acharya pushed the car near the curb, made unsuccessful attempts to start the same and finally, after locking the car want to Kaypee garage near Bhatia Hospital where he used to usually give his car for repairs. Praveen Udeshi the owner of the garage, received Acharya and after hearing the nature of the complaint, asked his mechanic Salim to accompany the customer. Acharya and Salim came to the spot where the car was parked Salim fiddled with the engine for a considerable time but the motor would not respond. Exasperated, Acharya told Salim to take the car keys with him, go back to the garage, hand them over to Udeshi and do whatever was necessary including towing of the car. Salim and Acharya left the place by bus together. Enroute Acharya got down at Dhobi Talao only to be told on phone in the evening by Udeshi that Salim had driven the car and injured some person near Lamington Road Police Station.

(3.) As Salim had hit Ratilal Fulchand Shah who was walking past Lamington Road in Poonam Lane, Ratilal preferred a claim before the Addl. Motor Accidents Claims Tribunal,Greater Bombay, impleading Salim, Acharaya, Udeshi and the insurance Company as the opposite parties. The insurance Company was dropped during the proceeding as Salim never had any driving licence and Salims name was deleted on 13-12-1972 on account of his death. The learned Member of the Tribunal allowed the claim of the applicant to the extent of Rs. 40,000/- against Dr. Acharya as well as Udesh and that is how Acharya is before this Court in first appeal.