Page 294 - Motor Insurance Ebook IC 72

The Insurance Times

claimants are automatically entitled for damage
without proof of negligence.

2. Strict Liability: The principle of absolute or strict
liability for accidents caused by inherently dangerous
things which it is reasonable to expect will result in
injury or damage if they escape, was involved in
the leading English Case of Rylands Vs. B. Fletcher
(1868). This principle has limited application of
motor insurance.

It may apply to the owners of a steam-driven
vehicle, upon the highway. Who are strictly .liable
at the common law of fires caused by sparks emitted
from the engine. The mere proof of the escape of
fire is sufficient to fix liability of them. It may be
seen that Sec. 140 of the MV Act providing for
liability without the need on the part of the claimant
to prove negligence by the insured indicates 'strict
liability' in a sense.

Q.14. Name the categories who could prefer a claims
against the insured in case of an accident by the
motor vehicle.

Ans: Following people have the right to prefer a claim against
the insured/insurer in case of any accident caused by
the insured motor vehicle:

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