Judgment related to Damage to the Vehicle and/or property & Helper- Cleaner- Coolie under MV Act:-

 

Following are the important judgments concerning Damage to the Vehicle and/or property.

1­ Claim petition for damage to the property ­ death of elephant­ Tribunal awarded amount of compensation of Rs.5,39,100; including RS.1,20,000 for loss of income from elephant ­ Held such an award is not justified when claim petition is preferred for damage to the property­ Rs.1,20,000/­ reduced by HC. ­ 2013 ACJ 1279 (Ker).

 

2­ Damage to the property ­ Tenant of the property filed claim petition for damage to property caused by the vehicular accident

- Tribunal dismissed it on the ground that tenant is not the owner and eviction petition is pending ­ Whether sustainable­ Held­ No. ­ 2013 ACJ 1292 (Raj).

 

3­ Damage to property­ Truck dashed with auto rickshaw­ Insurance Company (IC) of truck liable to pay only Rs.6,000/­ under the Act but Tribunal can direct the IC to pay entire amount and in return IC may recover the additional amount from the driver and owner of Truck. ­ 2013 ACJ 1830 (Jar).

 

4­ Damage to goods loaded in the Truck­ Whether IC is liable to make good to such damage?­ Held­ No.­ IC is liable to make good for damage to the property of TP. ­ 2014 ACJ 915 (HP).

 

5­ Damage to property ­ limits of liability of IC – Jeep sustained damage due to negligent driving of the driver of the Truck –

Truck was covered under the comprehensive policy­ Whether IC of truck is liable to pay compensation to the owner of Jeep in excess of Rs.6,000/­? ­ Held­ No. ­ 2015 ACJ 1579 (P&H).

 

6­ Damage to vehicle – claim for compensation from tortfeasors, held, maintainable even if owner of vehicle has received any amount from his IC under comprehensive Insurance Policy. It is further held that even if owner of the vehicle has received any amount of compensation from Insurance Company under comprehensive policy, claim for compensation from tortfeasor is maintainable. Also held that amount so received under the comprehensive police shall be deducted from the compensation awarded from the tortfeasor, as owner is not entitled to get more than the actual damage caused to him. ­ 2015 (2) GLR 1446 – UII Com v/s Hasumatiben Kanubhai Patel.

Helper- Cleaner- Coolie:-

 

 

1­Risk of cleaner engaged on goods vehicle is covered by proviso

(i) (c) of section 147(1) of MV Act? Held­ yes­ insurance company is held liable to pay compensation to the cleaner. ­ 2005 ACJ 1323(SC), 2007 ACJ 291(AP), 2011 ACJ 1868 (AP), 2014 ACJ 1776 (Ori).

 

But for the case of cleaner of bus please see­ 2014 ACJ 1739 (AP)

–  IC held liable.

 

2­ Helper­ Act Policy­ whether, helper can be treated as passenger?­ Held­ No. SC judgment followed. ­ 2012 ACJ 2554 (GAU).

 

3­ Goods vehicle­ Cleaner sustained injuries­ he filed claim petition under the M.V. Act­ whether, IC is liable?­ Held­ Yes but only to an extent of amount of compensation admissible under the W.C. Act. ­ 2013 ACJ 1025.

 

4­ Death of helper­ excavator dashed with the pillar and helper died because, pillar fell on the helper­ IC sought to avoid its liability on the ground that helper is the employee of the hirer and therefore, IC is not liable – Whether sustainable­ held – No ­ As deceased was not hired on vehicle neither he was travelling in the said vehicle. ­ 2013 ACJ 1049.

 

5­163A­ Driver and Cleaner sustained injuries while unloading goods­ Whether claim petition u/s 163A is maintainable?­ Held­ Yes. ­ 2014 ACJ 1206.

6­ Helper of the public service vehicle is entitled to recover amount of compensation from IC. ­ 2015 ACJ 1632 (Ori) followed 2013 ACJ 2205 (SC) ­ Ramachandra v/s Regional Manager.