Judgment related to Stationary Vehicle, Registration of vehicle/number plate and stolen vehicle under MV Act:

Judgment related to  Stationary Vehicle, Registration of vehicle/number plate and stolen vehicle under MV Act:

 

Stationary Vehicle

1.It is the case of the IC that truck was standing and at that point, jeep dashed in the rear portion of the Truck and therefore, it is not liable. Whether sustainable? Held ; No. Even if it is presumed that truck was stationary, IC of truck is liable as driver

of the truck is held negligent to the extent of 25%various SC judgments followed.

2012 ACJ 1390 (Raj) also see 2013 ACJ 1646 also

see 2013 ACJ 2295 (Kar) also see 2013 ACJ 2399

(P&H), 2013 ACJ 2785 (P&H)See also Section 122

of the M.V. Act., 1986 ACJ 1070 (Guj), 2014 ACJ 1476.

2018 ACJ 721 (SC) (FB) – Archit Saini v/s. O I Com.

2. Parked vehicle in the middle of the road Stationary vehicle.

2014 ACJ 1216

3. Stationary vehicle parked in the middle of the road without headlights or indication light – deceased died as he dashed on the rear portion of the said stationary vehicle whether IC of said vehicle can avoid its liability ? Held ; No.

2013 ACJ 56 (Del), 2013 ACJ 1960 (AP), 2013 ACJ

2781 (P&H), 1986 ACJ 1070 (Guj), 2017 ACJ 705 (P&H)

4. Truck driver applied sudden brakes and car following said truck dashed into iron plates protruding out of its rear portion resulting in death of driver – both the drivers held equally negligent in causing accident.

2015 ACJ 2664 (Guj)

5. Stationary vehicle – vehicle was in possession of police – whether police can be said to be owner and IC of said vehicle can be exonerated on that count? Held – No.

2016 ACJ 369 (Raj)

6. Stationary vehicle – violation of Rule 109 of the Central Motor Vehicles Rules and Section 117 and 122 of the MV Act IC of such Stationary vehicle is held liable.

2017 ACJ 2360 (Kar)

7. Car was parked on the road when deceased who was plying cycle tried to overtake it – driver of the car opened the door and because of that deceased fell down and truck which was coming from behind crushed him Whether driver of the car can be held

responsible? Held ; Yes.

2019 ACJ 404 (Del)

8. Stationary vehicle As per Regulation 15(2)(iv) pf the Rules of Road Regulations, 1989 – both the vehicles can be held negligent – 2022 ACJ 113 (Ker)

9. Stationary truck – car hit on the rear portion of said truck – SC held that driver of the stationary car is solely negligent in causing the accident.

2022 ACJ 721 SC – K. Anusha v/s. Regional Manager

 

Registration of Vehicle/Number Plate:

1.Registration number of offending vehicle not disclosed at the time of filling of FIR driver of offending vehicle, convicted by criminal court vehicle number, disclosed afterwards does not lead to the conclusion that there is collusion between claimant and driver of offending vehicle.

2012 ACJ 2176 (Del), Delay in filing FIR – 2015 ACJ 1483 (Raj).

2. Use of vehicle without the registration certificate temporary

registration expired on the date of accident owner is not entitled to get anything under the Own Damage Claim.

2014 ACJ 2421 (SC).

3. Registration Certificate Expiry of liability of IC non renewal if RC on the date of accident – same is not illegality but irregularity and same will not absolve IC from its liability.

2014 ACJ 2399 (Kant) But contrary view is taken in 2014 ACJ 2665 (MP)

4. U/s 39 – Registration of vehicle – temporary registration – expired before the date of accident – under this circumstances, IC has to prove breach of terms of Policy as envisaged in Section 149(2) of the MV Act if IC fails to prove this, it liable to pay compensation first and then recover from Driver/owner.

2015 ACJ 236 (Kar)

4.A. If IC has failed to prove that when accident occurred vehicle was not registered – IC cant not be exonerate. Further held that non registration of vehicle is not a defence available to IC u/s 149 of the MV Act.

2017 ACJ 2557 (P&H)

5. Theft of the vehicle – vehicle was stolen on 2.1.2008 and temporary registration expired on 18.10.2007 – IC disputed its liability on the ground that on the date of theft, vehicle was not registered – whether sustainable? Held – No. As,Section 39 of the Act, makes it mandatory to ply vehicle on road only after its registration but when vehicle is stolen when it was not being plied on the road, IC can't be absolved from its liability.

2017 ACJ 2308 (P&H), 2018 ACJ 2208 (P&H), 2022 ACJ 1008 (Del) Contrary view by Hon'ble Supreme Court in the case of U.I.I. Com. V/s. Sushil Kumar Godara, 2021 ACJ 2673 (SC)

6. Vehicle was insured on the basis of chassis number and engine number there was no registration number available as yet accident occurred injured filed claim petition – disputed by IC – Whether sustainable. Held ; No.

As no ground u/s 149(2) of the Act is available to IC. 2020 ACJ 176 (HP)

7. Registration certificate contention is raised that registration of the offending vehicle has expired on 15.03.2014 accident occurred on 27.01.2015 registration was renewed on 10.02.2015 same would have registration from 15.03.2014 and IC cannot be

exonerated 2022 ACJ 2295 (P & H)

Stolen Vehicle:

1.Stolen vehicle who was driving the vehicle not known vehicle

recovered after the accident whether in such situation, IC can be held liable? Held ; Yes.

2014 ACJ 1165, also see Note No.375

2. Stolen property fake registration number plate liability of IC guideline2014 ACJ 1706 (Del)UII Com. v/s Amaratta.

3. While searching for his lost/stolen jeep, owner meet with the same jeep whether IC can be held responsible to pay compensation in such facts? Held ; No. As additional premium was not paid.

2015 ACJ 107 (Guj) – OIC v/s Ganeshbhai Gautambhai