AI Overview...
-
Liability of the State for Requisitioned Vehicles - The courts consistently hold that when a vehicle is requisitioned by the State for election duty, the liability to pay compensation for any accidents or damages lies with the State, not the vehicle owner or insurance company. This applies regardless of whether the vehicle is used temporarily or returned late, and includes cases of destruction or damage during requisition Gayitri Devi wife of late Onkar Nath Bhagat VS Election Commission of India - Jharkhand, State of Jharkhand vs Reliance General Ins. Co. Ltd. - Jharkhand, 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, National Insurance Co. Ltd. VS Deepa Devi - Supreme Court, GRAY HOUND TRANSPORT CO. VS UNION OF INDIA - Jharkhand, New India Assurance Co. , Ltd. , Nizamabad VS Suram Ramulamma - Andhra Pradesh, New India Assurance Co. , Ltd. , Nizamabad VS Suram Ramulamma - Andhra Pradesh, Hemanta Kumar Sarma ; T. C. Agarwalla ; All Assam Motor Transport Association ; Md. Abdul Rahim Khan ; Abdul Matin Khan VS State of Assam - Gauhati, Ramapuram Regional Service Co-Operative Bank Ltd. VS Chief Electoral Officer - Kerala.
-
Ex-Gratia Payments and Compensation - Ex-gratia payments made by the government are considered separate from statutory compensation and should not be deducted from the amount payable for accidents during requisition. The law recognizes that such payments are additional aid and do not affect the liability of the State to provide full compensation State of Jharkhand vs Reliance General Ins. Co. Ltd. - Jharkhand, PREM KANWAR WIFE OF LATE NARVAR SINGH JI vs MANISH KUMAR SAIN S/O JAGDISH CHANDRA JI SAIN - Rajasthan.
-
Insurance Company’s Liability - The insurance company is generally held not liable to pay compensation in cases of vehicles requisitioned for election purposes; instead, the State itself bears this responsibility during the period of requisition New India Assurance Co. , Ltd. , Nizamabad VS Suram Ramulamma - Andhra Pradesh, New India Assurance Co. , Ltd. , Nizamabad VS Suram Ramulamma - Andhra Pradesh.
-
Legal Provisions and Obligations - The relevant legal provisions obligate the authorities to pay compensation promptly to vehicle owners whose vehicles are requisitioned for election duties. The State’s liability is reaffirmed by constitutional provisions and specific statutory mandates, emphasizing that private vehicles requisitioned for election purposes are under the State’s responsibility for damages Hemanta Kumar Sarma ; T. C. Agarwalla ; All Assam Motor Transport Association ; Md. Abdul Rahim Khan ; Abdul Matin Khan VS State of Assam - Gauhati, Ramapuram Regional Service Co-Operative Bank Ltd. VS Chief Electoral Officer - Kerala.
Analysis and Conclusion
Courts have uniformly established that during requisition for election duty, the liability to pay compensation for accidents or damages rests solely with the State. The owner or insurer cannot be held liable, and ex-gratia payments do not diminish the State’s statutory obligation. These principles ensure that vehicle owners are protected and compensated adequately during such requisitions.
Search Results for "State Not Liable to Pay Compensation for Requisition of Vehicle or Election Duty"
2024 0 Supreme(Jhk) 945 • India - Jharkhand
ANUBHA RAWAT CHOUDHARY
... ... Ratio Decidendi: The court held that the liability lies with the State as the vehicle was requisitioned for election duty ... accident while on election duty. ... ... ... Findings of Court: ... The court found that the State is liable for compensation, and ex-gratia payments cannot be deducted ... for the purpose of deploying the same in election duty, who would be liable#HL_....
2025 Supreme(Online)(Jhk) 4008 • India - Jharkhand High Court
A.P. Singh, J
... ... (C) Court affirmed that liability belongs to the State when a vehicle is requisitioned for election purposes, separate from ... (E) ... ... Issues: Liability of State vs. insurance company for accident compensation; adjustment of ex gratia payment; proper compensation ... (F) ... ... Ratio Decidendi: The law recognizes that ex gratia constitutes a separate aid that should not deplete statutory compensation ... in election#HL_EN....
• 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 election duty on requisition by the State Government. ... (supra) wherein it was held that the State upon its requisition by the State Government. ... to the claimants in case the vehicle involved in ....
2019 0 Supreme(Ker) 629 • India - Kerala
SHAJI P.CHALY
, the State is liable to pay compensation, if vehicles are requisitioned. ... are requisitioned, there may not be any liability on the State to pay compensation to the vehicle or the driver-In all other cases ... 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 true, when Government #HL_....
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....
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. ... Fact of the Case: The petitioner's vehicle was requisitioned for election duty and subsequently destroyed by terrorists ... Company is li....
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 purpose - Accident involved causing death of ....
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 purpose - Accident involved causing death of ce....
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. ... It is stated that the Act makes it obligatory on the part of the authorities to pay compensation to the owners of the vehicles soon ... ... The proviso to sub-section (2) of section 5 makes the State further liable to make payment on account of comp....
2024 0 Supreme(Ker) 1468 • India - Kerala
Co-operative Bank, sought payment for requisitioned vehicle - Court held that the State is liable to pay compensation for requisitioned ... (A) Constitution of India - Article 226 - Requisition of vehicle by Election Commission - Petitioner, a ... the 2024 Lok Sabha elections, and despite the extension of requisition, the vehicle was returned late without payment of rent, leading ... It may be tru....
Filter by Legal Phrase
