Manoj Mishra vs . Bajaj Allianz General Insurance Co. on 7 February, 2012
20. As the offending vehicle was being driven by respondent no.3
therefore, primary liability to compensate the petitioner remains with
Suit No. 174/10 Page No.10/13
Manoj Mishra Vs. Bajaj Allianz General Insurance Co.
11
that of respondent no. 3. Since the vehicle is owned by respondent no.
2 so it is vicariously liable to compensate the petitioner. It is an
admitted position on record that the vehicle was insured with
respondent no.1, therefore, respondent no. 1 becomes contractually
liable to compensate the petitioner.