S.166 MV Act | Compensation Can Be Granted Even When Accident Is Caused By ‘Standing Vehicle’: Orissa High Court

The Orissa High Court has recently reiterated that the expression “use of motor vehicles” employed under Section 165 of the Motor Vehicles Act (MV Act) includes accident caused by the offending vehicle when it is not moving and is in static/standing position.

While setting aside a contrary order of the Motor Vehicle Claims Tribunal, a Single Bench of Justice Bibhu Prasad Routray observed,

“…the deceased was invited by the driver-cum-owner of the offending vehicle to help him for retrieving the offending vehicle from the ditch and in course of such retreivation the accident took place as the offending truck capsized on the deceased. Therefore keeping in view the extended explanation of the clause “use of motor vehicle”, it is concluded that the deceased died out of such injuries arising out of the use of the offending truck”

Factual Background

The offending truck was moving, loaded with grocery articles, followed by another truck. The offending truck fell into a roadside ditch because of negligent driving of its driver. In order to retrieve the offending truck and the goods loaded therein, its driver requested the labourers of the second truck for help.

The deceased, one of the labourers of the second truck, proceeded with other labourers to retrieve the offending truck from the ditch and in the process of unloading the goods, the truck capsized resulting in causing injuries to two persons including the present deceased. Both of them succumbed to the injuries in the hospital.

Thereafter, the claimants of one of the deceased preferred the claim application for compensation under Section 166 of the MV Act. However, the tribunal came to the conclusion that the alleged accident resulting in death of the deceased cannot be considered due to any negligent act of the driver since the offending vehicle was in static position at the time of accident.

Being aggrieved by the decision of the tribunal, the claimants preferred an appeal to the High Court. The question which fell for consideration was whether in the aforesaid circumstances, the accident resulting in can be said to arise out of “use of motor vehicle” to entertain the claim application under Section 166 of the MV Act.

Court’s Findings

The Court referred to the decision of the Apex Court in Shivaji Dayanu Patil & Anr. v. Smt. Vatschala Uttam More, where the offending truck was in a standing position on account of breakdown. However, it was held that the death of the deceased falls within the purview of the expression “use of motor vehicle”.

It also relied upon Kanhei Rana & Anr. v. Gangadhar Swain & Ors., wherein it was held that the expression ‘use of a motor vehicle’ has a wide connotation and it covers accidents which occur both when the vehicle is in motion and when it is stationary. The vehicle does not cease to be in use when it is rendered immobile on account of a breakdown or mechanical defect or accident.

In the instant case, as the deceased was invited by the driver-cum-owner of the offending vehicle to help him for retrieving the vehicle from the ditch and in course of such retreivation the accident took place, the Court concluded that the deceased died out of injuries arising out of the use of the offending truck.

Accordingly, the order of the tribunal was set aside and the matter was remitted back to it for determination of the claim application afresh by adducing fresh opportunities of hearing to all the parties.

Also Read: S.163A MV Act | Accident Can Be Said To Have Arisen 'Out Of Use Of Vehicle' That Was Stationary: Kerala High Court

Case Title: Latika Sahoo & Ors. v. Ramesh Nayak & Ors.

Case No.: MACA No. 1130 of 2016

Date of Judgment: April 12, 2023

Counsel for the Appellants: Mr. D.K. Mohapatra, Advocate

Counsel for the Respondents: None

Citation: 2023 LiveLaw (Ori) 58

Click Here To Read/Download Judgment