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Compensation Under MV Act Applicable Only When Injury Or Fatality Is Due To Collision

In Suresh Sakharam Kadam vs The Transport Manager, Thane Municipal Transport Undertaking, Dismissing an appeal against an order of the Motor Accident Claims Tribunal (MACT), the Bombay High Court has held that Section 163-A of the Motor Vehicles Act is applicable only id the injury or fatality is the result of the collision and a consequence of it.

Justice GS Patel held that a collision after the occurrence of the injury, and independent of the injury, is not an accident “arising out of the use of” the offending vehicle at all, simply because the offending vehicle was not involved in the injury or fatality causing incident.

Justice Patel was hearing the first appeal filed by one Suresh Kadam, his wife and daughter.

Article referred: http://www.livelaw.in/compensation-mv-act-applicable-injury-fatality-due-collision-bombay-hc/

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