The term 'use' in the Motor Vehicles Act encompasses stationary scenarios where activities related to the vehicle occur.

Order :

SANJAY K. AGRAWAL, J.

1. The short question involved in this appeal is, whether the death of the deceased can be said to be a death arising out of the use of motor vehicle within the meaning of Section 165 of the Motor Vehicles Act, 1988 ?

2. The aforesaid question of law arises on the following factual backdrop: -

3. Gurucharan Paikra – respondent No.4 herein, who is driver of the vehicle, which was owned by Rajesh Gupta – respondent No.5 herein and insured by the appellant herein, had parked the truck loaded with coal near Kotraliya siding at Raigarh besides the high tension electric wire of 11 KV. The deceased aged about 23 years who was working as khalasi/cleaner in the said truck earning Rs. 15,000/- per month was trying to climb the said vehicle to uncover the truck by a tarpaulin and in the meanwhile, respondent No.4 driver Gurucharan Paikra rashly and negligently reversed the vehicle by which the deceased came into contact with the live electric wire of 11 KV high tension and became seriously injured and died. FIR was lodged against the driver respondent No.4 for offence under Section 304A of the IPC and charge-sheet was filed against him. Respondents No.1 to 3 herein/claimants being legal representatives of the deceased filed claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short, ‘the Act’) claiming compensation of Rs. 38,40,000/-.

4. The Insurance Company filed its plea stating inter alia that the claim petition under Section 166 of the Act is not maintainable, as the deceased died on account of coming into contact with the live 11 KV high tension electric wire and it is not arising out of the use of the motor vehicle, therefore, the Insurance Company is not responsible. The Claims Tribunal by its impugned award proceeded to determine the compensation and awarded Rs. 17,02,960/- along with interest holding that since the deceased was in the vehicle and trying to cover the vehicle loaded with coal by tarpaulin and during that course, he came into contact with the live 11 KV electric wire, therefore, it is arising out of the use of motor vehicle and as such, the claim is maintainable and thus fastened the liability against the Insurance Company. Feeling aggrieved and dissatisfied with the award impugned, the instant appeal has been preferred by the appellant Insurance Company.

5. Ms. Swati Agrawal, learned counsel appearing on behalf of the appellant Insurance Company, would submit that the deceased died on account of electrocution and therefore it is not the case where the Insurance Company should be fastened with the liability as it is not arising out of the use of motor vehicle within the meaning of Section 165 of the Act and as such, the Insurance Company be exonerated from the liability to pay the amount of compensation.

6. None appeared on behalf of the respondents to support the impugned award.

7. I have heard learned counsel appearing for the appellant Insurance Company and considered her submissions and also went through the record with utmost circumspection.

8. In order to consider the plea raised at the Bar, it would be appropriate to notice Section 165 of the Act. Sub-section (1) of Section 165 states as under:-

“165. Claims Tribunals.—(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both.

Explanation.—For the removal of doubts, it is hereby declared that the expression “claims for compensation in res