swapnil.joshi
My driver had accident, our car. As he was not able to pay to garage mechanic, we mutually contract that he will pay from his salary every month. but he started drink & drive, so we want him to leave his job.
but the concern, is there any format of agreement / affidavit that i can sign from him that he should pay me pending money

From India, Pune
nathrao
3131

These are all informal arrangements and subsist only till you are paying him.
Why didn't you claim from insurance?
The drunken driver can give you IOU or Promissory note but how will you enforce it??
How much was the loss caused by your driver?
Was he at fault?
Probably he started drinking after he was paying EMI to you from his salary.

From India, Pune
saswatabanerjee
2383

The deduction of repair cost from salary of driver is an illegal deduction from salary as per payment of wages act. So if you are paying him as an employee of the Company, then you are probably already in trouble. If he is a personal driver, then in any case it does not look there is a possibility of recovering.
In any case, asking a driver to pay for accident is not a practice followed unless there is a specific reason like driving under drink influence. In case of a normal accident, well, that is why we take insurance cover. And frankly if you can't afford to pay for accident damage, you should not be owning a car.

From India, Mumbai
nathrao
3131

Saswata, It appears to me that he is private driver of the querist.
From India, Pune
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