Madhya Pradesh High Court Upholds Tribunal's Decision in Excavator Accident Case

Excavators Registered for Road Use Fall Within the Definition of "Motor Vehicle" Under Motor Vehicles Act, 1988

In a significant ruling, the Madhya Pradesh High Court has upheld a decision by the Additional Motor Accident Claims Tribunal, Chhindwara, in the case of New India Insurance Company Limited v. Smt. Sukraniya and others. The court dismissed an appeal filed by the insurance company challenging the compensation awarded to the claimants by the tribunal.

The case revolved around an accident on December 10, 2021, involving a Tata Hitachi Excavator, which led to the death of Hariom Sallam. The insurance company argued that the tribunal lacked jurisdiction as the excavator did not qualify as a "motor vehicle" under the Motor Vehicles Act, 1988, since it was primarily designed for off-road use within restricted premises.

However, the High Court, presided over by Justice Himanshu Joshi, emphasized that if an excavator is registered, insured, and occasionally permitted for road use, it falls under the definition of a "motor vehicle" per Section 2(28) of the Act, 1988. The court noted that the excavator in question had a valid registration number, confirming its status as a motor vehicle.

Citing the Supreme Court's decision in Bose Abraham v. State of Kerala, the court reiterated that vehicles like excavators and road rollers, when registered, are considered motor vehicles under the Act. Thus, claims arising from their use fall within the jurisdiction of the Motor Accident Claims Tribunal as per Section 165 of the Act.

The court further observed that the insurance company failed to provide sufficient evidence to support its claims regarding the non-registration or unauthorized operation of the vehicle. As a result, the appeal was dismissed, and the tribunal's award of Rs. 13,91,080 as compensation to the claimants was upheld.

Bottom Line:

Motor Vehicles Act, 1988 - Excavators or chain-mounted vehicles - If registered and capable of road use, fall within the ambit of "motor vehicle" under Section 2(28) of the Act, 1988, irrespective of their primary design for off-road construction work.

Statutory provision(s): Motor Vehicles Act, 1988 Sections 2(28), 165, 173

New India Insurance Company Limited v. Smt. Sukraniya, (Madhya Pradesh)(Jabalpur) : Law Finder Doc Id # 2808632