VidhiSangh

Supreme Court of India · 14/11/2019

TAJ MAHAL HOTEL versus UNITED INDIA INSURANCE COMPANY LTD. & ORS.

[2019] 13 S.C.R. 850 · 2019 INSC 1245

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Summary

A guest’s car handed to a hotel valet was stolen using keys left accessible to an outsider. The Supreme Court upheld liability under the prima facie negligence standard for bailment, rather than strict insurer liability. Valet custody created bailment even without a separate parking fee. The hotel failed to show reasonable care and could not rely on an owner’s-risk clause to exclude its own negligence. The insurer’s joint complaint with the insured was maintainable.

Issues

  1. Whether the insurer and insured could jointly maintain the consumer complaint.
  2. Whether valet parking created bailment and what standard governed vehicle loss.
  3. Whether an owner’s-risk clause excluded liability for negligent safekeeping.

Provisions considered

Held

Result

Appeal dismissed. The joint consumer complaint was maintainable and the hotel’s liability was upheld on prima facie negligence principles. The owner’s-risk clause did not excuse its failure of care; the compensation had already been paid.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 850.