AIR 2020 SUPREME COURT 597 ::2020 (2) ABR 412 ::AIROnline 2019 SC 1751 ::2020 (2) SCC 224 ::(2019) 4 Ker LT 72 ::(2020) 4 Mad LW 97 ::(2020) 1 Mad LJ 261 ::(2019) 16 Scale 201 ::(2020) 1 Civ LJ 786 ::(2021) 2 UC 828 ::(2020) 1 TAC 11 ::(2020) 140 All LR 262 ::(2020) 3 Guj LH 580 ::(2020) 2 Andh LD 263 ::(2020) 209 All Ind Cas 241 (SC) ::AIR 2020 SC (Civil) 978

Supreme Court Of India

(From : NCDRC, New Delhi)*

Hon'ble Judge(s): Mohan M. Shantanagoudar, Ajay Rastogi , JJ

(A) Consumer Protection Act (68 of 1986) , S.2(g), S.17— Complaint - Locus standi - Insurance Company filing complaint before State Commission against hotel for loss of vehicle of guest - Owner of car executed Power of Attorney and letter of subrogation in favour of insurance company - Complaint filed by both insurance company and insured is maintainable. 2010 AIR SCW 1687, Rel. on. (Para 9) (B) Contract Act (9 of 1872) , S.148, S.151— Strict liability - Liability of hotel owners for loss or damage to vehicles of their guests parked in valet parking of hotel - Strict liability rule under common law is relic of past and should not be given effect in Indian context. The imposition of strict liability for loss or damage to vehicles of guests is overly burdensome in today's context. The strict liability rule had emerged in an age and time where travel was rare and tourism was virtually non-existent, thereby prompting Courts to hold hotel owners liable so as to protect the interests of the guests. However, in today's context of economies with well-established hotel industries and mandatory insurance of vehicles owned by guests, there has been a trend across jurisdictions of moving away from the strict liability of innkeepers in respect of ....