CHANDER KANTA VERMA Vs. ARUN KUMAR NEPALI

JUDGEMENT

(1.) The appeal comes out of an order of dismissal of a claim petition made under the Motor Vehicles Act for death of a person by the use of a mechanical contrivance which the petitioner claimed was a motor vehicle. The contention of the respondents was that the machine was not a motor vehicle under the Act and the insurance company joined issue by pointing out that even the policy of insurance was not as a motor vehicle but a mere machinery among other machineries which were owned by the contractor. The Tribunal accepted this contention and dismissed the petition.

(2.) The vehicle, which is involved and in respect of which an insurance was also said to have been taken was a wheeler loader. The Tribunal found it to be not a motor vehicle. In my view, the view expressed by the Tribunal was on inadequate evidence and by a wrong inference. A motor vehicle is defined under Section 2(28) of the Motor Vehicles Act, which is reproduced as under:-

(3.) In every case where the jurisdiction of the Motor Vehicles Claims Tribunal is invoked, all that is necessary is that in terms of Section 165, there should have been an accident involving the death or bodily injury arising out of "use of motor vehicle". The qualification of a vehicle ought not to be seen only as whether the Regional Transport Officer has registered the vehicle for being plied in the public place or not. That registration of vehicle by the DTO office may be conclusive for finding a jurisdiction but if ever there is an issue whether a particular vehicle is a motor vehicle, the Tribunal has to be only guided by what is the particular vehicle that was involved and whether there is evidence that (i) it was a mechanically propelled vehicle; (ii) adapted for use upon roads. A mechanical propulsion could be either by a transmission from an external or internal source. The vehicle could be either a chassis to which a body has not been attached or a body attached. A trailer on a stand alone basis may not be a motor vehicle but if it is attached to the vehicle, it shall become a part of the motor vehicle. The Section also contains what types of vehicles will qualify for the definition as such motor vehicles. They include (i) vehicle running upon fixed wheels or (ii) a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or (iii) vehicle having less than four wheels fitted with engine capacity of not exceeding twentyfive cubic centimeter.