MACT
Querist :
Anonymous
(Querist) 27 February 2010
This query is : Resolved
If the Govt. Vehicle say Army vehicle is involved in an fatal accident on road, can the legal heirs of the deceased file a case for compensation under the MV Act? Is Govt. (Army) liable for payment of compensation? Cannot they say, they are discharging state function, therefore not liable to pay compensation under MV Act?
Sanjeev Panda
(Expert) 27 February 2010
Yes, the legal heirs of the deceased can file a case for compensation. The Hon'ble Supreme Court in the case of Pushpa Thakur v. Union, 1984 ACJ 559, has held that the doctrine of sovereign immunity has no application so far as claims for compensation under the Motor Vehicles Act are concerned. That apart, after the amending Act 100 of 1956, by which section 110A of the Motor Vehicles Act, 1939, was inserted, the distinction of sovereign and non-sovereign acts of the State no longer existed as all owners of vehicles were brought within the scope of that section. Please also see the judgment of State of Rajasthan Vs. Smt. Shekhu and ors, 2006 ACJ 1644 which also relied on the aforesaid Supreme Court judgment.
Thus, the Hon'ble Supreme Court has set at rest all the conflicts and distinction between sovereign and non-sovereign acts no longer exists.
Arvind Singh Chauhan
(Expert) 27 February 2010
I do agree with Sanjeev Sir. I am citing the Uttrakhand HC on such a matter-
Contributory negligence- collision between two big vehicles on high way- one of them is of Army and another is private- deceased traveling in Army vehicle- both have equal opportunity to avoid the accident- both driver equally liable for accident- Union of India and insurer of another vehicle are equally liable for compensation- UAD-2009(2)-323.
It means Union Of India must be liable.
Kumar Thadhani
(Expert) 03 March 2010
Yes MR SANJEEV IS RIGHT IN HIS REPLY.
