SC: For requisitioned vehicles, govt to pay 3rd party damages

NEW DELHI: Supreme Court has said that if a backstage conveyance requisitioned by a territory medication meets with an accident, past liability would beryllium fastened connected govt and not the security institution for outgo of compensation.A seat of Justices Sanjay Karol and N K Singh said, "Where a conveyance is requisitioned for nationalist functions and an incidental occurs during the play of specified requisition, liability ought decently to beryllium borne by the requisitioning authority, and not by the insurer engaged by the proprietor for the vehicle's regular and voluntary use."A autobus owned by Kidzee Corner School successful Gwalior was requisitioned by the territory medication for gram panchayat elections.

During this period, it deed a motorcyclist causing his decease successful Jan 2010. The Motor Accident Claims Tribunal awarded compensation of Rs 5.1 lakh with 6% interest. SC successful 2024 had enhanced the compensation to Rs 27 lakh.Rejecting the territory administration's plea that fastening liability connected civic authorities would nonstop a incorrect signal, a seat of Justices Sanjay Karol and N K Singh said erstwhile govt requisitions a backstage vehicle, its proprietor is divested of custody.

Writing the judgment, Justice Karol said, "During this period, the proprietor neither directs its usage nor derives immoderate payment from it. It lone stands to crushed that successful specified circumstances, if an untoward incidental occurs, work would decently remainder with the requisitioning authorization and not with the insurer engaged by the owner."SC said, "Compelled deployment for nationalist functions cannot reasonably beryllium characterised arsenic 'regular use'... To fasten liability upon the insurer... would beryllium to widen the declaration beyond the hazard that was agreed to beryllium covered."