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Advocate Rakesh Raja (d)     15 August 2011

Definition of motorvehicle ???

My Client is an Aircraft Maintenance Engineer  one day he was on duty the pilot has suddenly started the engine suddenly the front wheel of the aeroplane moved up on my client's feet and he became greviosly injured.

Now we are planning to file his case under Motor Vehicle Tribunal in Delhi for compensation from the Aeroplane Company.

I want to know that the definition of Motorvehicle under MOTOR VEHICLE ACT includes the front wheel of aeroplane or not???  if yes then kindly send some case laws??

 



Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     16 August 2011

Very Diferent question.  IN my opinion It does not come under MV act.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2011

Motor accidents tribunal has jurisdiction only with regard to cases involving motor vehicles. This is a case of avoidable accident while on duty. It may go under Workmen's Compensation Act or other laws. The owner of the aircraft or the employer of the two will also be liable.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 August 2011

An aircraft is not a motor vehicle. Why! even a pay loader or a crane used in industries is not a motor vehicle either, unless it has to move on public road.


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