Saturday, September 24, 2022

Passenger Injured On Account Of Mine Blast Entitled To Compensation Under Motor Vehicle Act: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on 22/09/22 ruled that even if the cause of the accident is remote or due to subversive activity involved, the victim is entitled to a grant of compensation under the Motor Vehicle Act.


The appellants assailed the impugned judgment primarily on the ground that there was no negligence on the part of the driver or the appellants and the death of the deceased and injuries to the injured had been caused by a mine blast which was beyond their control as such even the incident in question was too remote, and unconnected with the use of the vehicle.

Adjudicating upon the matter the bench observed that even if the cause of the accident is remote or as a result of subversive activity involved, the victim is entitled to grant of compensation under Motor Vehicle Act, for the use of the vehicle and all other reliefs granted under some other statutes or schemes are not adjustable towards the compensation payable under the Motor Vehicles Act.

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