Recently, the single bench headed by Justice Bibhu Prasad Routray, of the Orissa High Court has held that, accidents caused by a stationary or static motor vehicle fall within the scope of the term “use of motor vehicles” as defined in Section 165 of the Motor Vehicles Act (MV Act).
The court stated that “the deceased was invited by the driver-cum-owner of the offending vehicle to assist in retrieving the vehicle from a ditch”.
Considering the expanded explanation of the clause “use of motor vehicle,” the court concluded that the deceased died as a result of injuries arising from the use of the offending truck.
Case Brief-
The case involved a situation where the offending truck, carrying grocery articles, was in motion and followed by another truck. Due to the negligent driving of the truck’s driver, it fell into a roadside ditch. The driver sought assistance from the labourers of the second truck to retrieve the truck and its loaded goods.
Tragically, during the unloading process, the truck overturned, causing injuries to two individuals, including the deceased, who later succumbed to their injuries.
The claimants, representing one of the deceased, filed a compensation claim under Section 166 of the MV Act.
However, the tribunal ruled that the alleged accident resulting in the deceased’s death could not be attributed to any negligence on the part of the driver, as the offending vehicle was stationary at the time.
The claimants appealed this decision to the High Court, which focused on determining whether the accident, under these circumstances, could be considered as arising from the “use of the motor vehicle” and thus permit the claim application under Section 166 of the MV Act.
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