N.K.Assumi (Advocate) 07 May 2009

Compensation for requisition of Vehicle ubder section 160(2)

During the recent Lok sabha Election, a vehicle was requisitioned under section 160 (2) of the RPA of 1951. The said vehicle was not insured and while returning from polling station the engine of the Vehicle was seized and got stuck on the way. At the time of the journey from polling station the vehicle was carrying polling officers and ballot box. Is State Government liable to compensate the defect of the engine trouble? How can the owner of the vehicle claim compensation and in what manner? Thanking you all in advance.

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yogita (student) 09 May 2009

My sympath's to the owner. If the vehicle is not insured by the owner there is no merit in claiming insurance, and insurance companies will not entertain it. It is the duty of the owner to insure the vehicle. Also there is no reason for goverment or election authorities to pay for the damages, as the problem is of mechanical nature. If the damage would have been caused by the government employee directly, example vehicle driven by government employee without permission of the owner, then you could recover from his/her employer i.e. the government. I guess there would have been an agreement to hire a vehicle. If the vehicle is under warranty then owner should do to the vehicle dealer/company and get it replaced etc also the owner need to show that there was no violation of warranty terms and conditions.