IMPORTANT POINTS
A motor vehicle does not cease to be such on merely being temporarily out of use.
“Use” of motor vehicle not confined to its being mobile. Motor vehicle can be in use even while stationary.
“Arising out of” in “Arising out of the use of motor vehicle” is of wider connotation than “caused by” and of lesser proximity.

JUDGMENT

Dipak Misra, CJI

The legal representatives of the deceased Firoz preferred a claim petition being MAC Petition No. 64 of 2006 before the Chairman, Motor Accidents Claims Tribunal (for short, ‘the tribunal’), Washim under Section 166 of the Motor Vehicles Act, 1988 (for brevity, “the Act”) claiming compensation of Rs. 15 lacs on the foundation that the deceased was an Assistant Teacher in Urdu Primary School at Pusad run by Zilla Parishad, Yeotmal and was drawing monthly salary of Rs. 8,123/and they were dependent on the income of the deceased. The assertion in the claim petition was that land situated in survey number 136 of village Kajleshwar, Tq Karanja, Washim District was belonging to Respondent No. 1 who had commenced the work for digging of well in the above agricultural land. On 08.04.2005 at about 4.15 p.m., when the deceased was returning towards his house after purchasing certain articles from the grocery shop, a heavy stone came flying and fell on his head, as a consequence of which, he sustained grievous injuries and was carried for treatment in a jeep to the hospital where he was declared dead. The case of the claimants before the Tribunal was that the stone fell on the deceased due to blasting operation carried out for digging of well in the field of respondent No. 1. It is further put forth that the tractor belonging to the 1st respondent and insured with the respondent No. 4 was used for digging up well by keeping the blasting machine and, therefore, the causing of death by the use of the tractor was established.

2. The tribunal, appreciating the materials brought on record, came to hold that digging of the well with use of blasting machine was carried on in the field of the owner and the tractor was used for digging of the well with the blasting machine. Thereafter, it proceeded to deal with fixing of the liability and the quantum of the compensation. On the first aspect, it took note of the submission advanced on behalf of the insurer that the owner had committed breach of the policy by using the tractor for commercial use. To bolster the said stance, the insurer asserted that the owner had not taken permission from the competent authority for carrying on the blasting work in his field and, hence, there was violation of the policy. On behalf of the owner, the stand was taken that the tractor was used for agricultural purposes, for digging of the well was carried on for the irrigation of the crops which work was incidental to agriculture and hence, there was no violation of the policy.

3. The tribunal came to hold that on the basis of the material brought on record, the vehicle was used for commercial purpose and, therefore, there was a fundamental breach of the insurance policy. It further opined that the cause of the death of the deceased was due to vehicular accident because of the evidence brought on record. Emphasis was laid on the fundamental breach of the insurance policy by the owner and, ultimately the liability was fastened on him directing him and other respondent to pay the compensation of Rs. 9,30,000/with interest at the rate of 6% per annum from the date of the petition till realization.

4. Two appeals were preferred before the High Court challenging the award of the tribunal. The High Court noted that the power for trigger of the explosives came from the battery of the tractor which was parked nearby and as explosion took place, a large stone flew in air and fell on the head of the deceased who was standing in front of a shop that was 300 ft. away. It addressed to the concept of ‘use of motor vehicle’ and in that context stated that the tractor, when it is stationary with the additional implements/machines can be run using the power generated by its engine for thrashing and cutting agriculture produce. It also dwelt upon the concept that when a storage battery of a vehicle is disconnected and taken for some other use, sometimes it is used for other purposes without disconnecting the ba