AI Overview...
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State Liability for Requisitioned Vehicles - The courts have consistently held that when a vehicle is requisitioned by the State for election duty or official purposes, the State Government is liable to pay compensation in case of accidents involving such vehicles. This liability applies regardless of whether the vehicle is privately owned or government-owned, provided it is under requisition at the time of the incident. PREM KANWAR WIFE OF LATE NARVAR SINGH JI vs MANISH KUMAR SAIN S/O JAGDISH CHANDRA JI SAIN - Rajasthan, Mutholy Service Co-Operative Bank Ltd. VS District Election Officer and District Collector, Kottayam - Kerala, GRAY HOUND TRANSPORT CO. VS UNION OF INDIA - Jharkhand, National Insurance Co. Ltd. VS Deepa Devi - Supreme Court, Secretary, Home Department VS Susila Kumari Padhi - Orissa
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Insurance Company Liability - Multiple judgments clarify that the insurance company is not liable to pay compensation in cases where the vehicle is requisitioned by the State for election duty; instead, the State itself bears the liability. The insurance policy does not cover requisitioned vehicles during such official use. New India Assurance Co. , Ltd. , Nizamabad VS Suram Ramulamma - Andhra Pradesh, New India Assurance Co. , Ltd. , Nizamabad VS Suram Ramulamma - Andhra Pradesh
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Legal Precedents and Constitutional Provisions - The Supreme Court and High Courts have emphasized that the requisition of vehicles for election purposes falls within the State's authority under constitutional provisions, and the owner cannot object to requisitioning. The State's liability is reinforced by constitutional articles (e.g., Articles 226, 227, 300A) and statutory provisions, establishing that the State alone is responsible for compensation during requisition. Ram Narayan Singh VS Election Commission - Patna, Hemanta Kumar Sarma ; T. C. Agarwalla ; All Assam Motor Transport Association ; Md. Abdul Rahim Khan ; Abdul Matin Khan VS State of Assam - Gauhati
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Conclusion - The prevailing legal position is that the State Government is not exempt from liability to pay compensation for accidents involving vehicles requisitioned for election duty. The liability rests solely with the State, and insurance companies are not liable in such cases. Owners of requisitioned vehicles cannot claim exemption from compensation obligations, and the courts have upheld this stance consistently.
Search Results for "State Government was Not Liable to Pay Compensation for Requisition of Vehicle in Election Duty"
• India - High Court of Rajasthan - High Court Bench at Jaipur
involved in the accident is under requisition by the State for election duty, the State Government is also liable for the upon its requisition by the State Government. ... (supra) wherein it was held that the State was also liable to pay the compensation ... to the claimants in case the vehicle involved in the....
2019 0 Supreme(Ker) 629 • India - Kerala
SHAJI P.CHALY
other cases, the State is liable to pay compensation, if vehicles are requisitioned. ... vehicles are requisitioned, there may not be any liability on the State to pay compensation to the vehicle or the driver-In all ... petitioner bank for the period from 12.3.2019 to 23.4.2019 for election purposes-The vehicle suffered considerable wear and tear ... It may be ....
2001 0 Supreme(Jhk) 635 • India - Jharkhand
M.Y.EQBAL
Government to requisition vehicles for election purposes and provide for the payment of compensation to the owner. ... vehicle, and if so, whether the State Government or the Insurance Company was liable to pay the compensation. ... Finding of the Court: The court found that the State Government was liable to pay c....
1988 0 Supreme(AP) 537 • India - Andhra Pradesh
G.RADHA KRISHNA RAO
-Insurance Company is not liable to pay compensation - Government is liable to pay compensation to claimants. ... The State Government alone is liable to pay the compensation amount, if any, during the period of requisition. ... the policy - Requisition of a private lorry by Government for election....
1988 0 Supreme(AP) 538 • India - Andhra Pradesh
Insurance Company is not liable to pay compensation - Government is liable to pay compensation to claimants. ... The State Government alone is liable to pay the compensation amount, if any, during the period of requisition. ... the policy - Requisition of a private lorry by Government for election#H....
1996 0 Supreme(Pat) 131 • India - Patna
N.PANDEY, S.N.MISHRA, ASOK KUMAR GANGULY
Constitution of India, Art.226 & 227 & 300A - requisition of the vehicle for election duty meeting with accident - compensation in ... regard to clause 7 it has to be held that in such cases the State Govt. alone can be held liable for compensation for the loss and ... the event of acquisition or Requisition of a vehicle or any other property by the Govt. no owner can raise objection except to the ... The Supreme C....
1990 0 Supreme(Gau) 185 • India - Gauhati
R.K.MANISANA SINGH, B.P.SARAF
or its functionaries-not even for election purposes. ... not to requisition any private vehicle and private service vehicle henceforth. ... Final Decision: The Court allowed all the five writ petitions and issued directions to the State Government and its officers ... Payment of compensation-(1) Whenever ,in pursuance of section 3, the State Government requisition any ....
2007 8 Supreme 554 • India - Supreme Court
LOKESHWAR SINGH PANTA, S.B.SINHA
under requisition by the State meets with an accident, the State is liable to pay the compensation and not the owner. ... for the purpose of deploying the same in the election duty, who would be liable to pay compensation to the victim of the accident ... when the vehicle is under requisition for election duty#HL_END....
2019 0 Supreme(Gau) 562 • India - Gauhati
UJJAL BHUYAN
of requisition besides requisition compensation during the period of Assembly Election, 2011 – Writ Petition allowed ... order as well as condition No. 3 of the Government notification not only do not stand to reason but run contrary to the proviso ... to the Act – Resultantly, petitioner would be entitled to compensation for material damage caused to the vehicle during the period ... owner of the vehicle, the #HL....
2003 0 Supreme(Ori) 134 • India - Orissa
B.P.DAS
was liable to pay the amount of compensation - Appeal - Held, Owner of the vehicle was the State Government at that point of time ... requisitioned by the Government official for official purpose - Tribunal awarded compensation holding that the State Government ... MOTOR VEHICLES ACT, 1988 - Sec 146 - Compensation - Liability of payment - Accident due to rash and negligent drivin....
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