Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Branch Manager, The New India Insurance (Correct name is Assurance) Company Limited – Appellant
Versus
Chandrama Rathiya, Wd/o. Late Nehru Lal Rathiya – Respondent
| Table of Content |
|---|
| 1. 'use' is broad, includes stationary but relevant activities. (Para 9 , 10 , 11) |
| 2. clarification on negligence relating to vehicle safety. (Para 12 , 13) |
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 a
The term 'use' in the Motor Vehicles Act encompasses stationary scenarios where activities related to the vehicle occur.
The court established that under Section 163A of the Motor Vehicles Act, the connection between an accident and the use of a vehicle need not be direct, allowing for broader interpretations in favor ....
Compensation under the Motor Vehicles Act requires death to be due to an accident, not solely a natural cause; claims dismissed.
The court affirmed that deaths resulting from a vehicle accident are compensable under the Motor Vehicles Act, regardless of claims of murder, unless proven otherwise.
Death in motor accident – Concept of just and fair compensation is integral and seminal to MV Act—Determination of quantum of compensation must be liberal and not niggardly since law values life and ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
