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Insurance-Third Party, Own Damage or Consumer Law

(Querist) 08 March 2008 This query is : Resolved 
R. Brizmohan Singh (Querist) 08 March 2008
There was a leak from the the tank mounted on the Lorry insured with an Insurance Company and from the said tank Petrol was also dripping. The vehicle was stationary and the driver of the tanker asked a welder to weld the cracks and while this was being done, the petrol inside caught fire and tanker blew up. A Passerby at that time died. Is it or is it not a Motor Accident within the meaning of Accident in M. V. Act and is the insurer of the lorry liable to pay any compensation to the heirs of the deceased victim? If the insurer is not liable, what is the position of the owner and the driver of the vehicle?
Dhrumil (Expert) 26 March 2008
Dear Sir,

From the facts stated by you, it will raised following questions in my mind

1. whether truck carrying hazadous materials ?

2. whether same was insured under public liablity insurance act ?

3. if yes, what is the terms of policy ?

4. if insurer not liable then whether Vicarious liablity apply to truck owner ?

5. if yes whether owner of truck can recover payment of loss from the driver unless driver act in good faith.?

Rajesh Kumar (Expert) 27 March 2008
It is a motor accident. It is irrelevant that vehicle was stationary and the damage was done from something which was being carried on in the vehicle. What is relevant that damage was caused in the course of transportation by the vehicle. Thus the insurance company is liable to pay.
A limted amount can also be claimed, if applicable under Public Liability Insurance Act and the amount of compensation received under the Act will be adjusted if compensation is granted under Motor vehicle Act.
Srinivas.B.S.S.T (Expert) 27 June 2008
Motor Accidents are not covered under Consumer Protection Act and if the insurer is not liable the driver and owner has to pay the compensation claimed by the Petitioners.

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