The Delhi High Court has made it clear that the owner of the workshop, where you have left your vehicle for repair or service, is liable to pay damages in case of death or injury involving your vehicle during any test or trial run.
The court said since the contract of insurance was between the insurance company and the owner of the vehicle, he/she has to pay the insurance amount to the injured/kin of deceased.
But the vehicle owner has complete right to recover the entire amount from the workshop owner by initiating court proceedings.
On September 8, 2009, Ashok Khurana had given his car to a workshop for some repair. Its owner sent one of his mechanics for a trial run when the car met with an accident, injuring a pedestrian, the claimant in this case.
“Since the appellant (Khurana) had left the car with the workshop owner for repair and due to negligence of the workshop owner, the appellant is to pay to the insurance company. The appellant would have right to recover the amount from the garage owner by initiating independent proceedings,” Justice S.N. Dhingra ruled.
The ruling is significant as large number of workshops and service centres evade payment of compensation for damage caused by them taking refuge in legal technicalities.
After this ruling, the owner of vehicles gets the liberty to move court to get the amount recovered from them. But the vehicle owner has to first pay up and then claim the amount from the workshop owner.