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july 1991

Supreme Court of India · 1991-07-17

SHIVAJI DAYANU PATIL & ANR. vs SMT. VATSCHALA UTTAM MORE

Citation / case number
SC 1990/77056
Court
Supreme Court of India
Petitioner
SHIVAJI DAYANU PATIL & ANR.
Respondent
SMT. VATSCHALA UTTAM MORE
Author
S.C. AGRAWAL
Bench
S.C. AGRAWAL

Judgment text excerpt

The Supreme Court ruled that under Section 92A of the Motor Vehicles Act, 1939, a petrol tanker that was involved in a collision and subsequently exploded, causing injuries and deaths, is still considered a 'Motor Vehicle' despite being immobile. The Court established that the explosion was causally linked to the use of the tanker, thus qualifying for compensation under the no-fault liability provision. The Court upheld the High Court's decision to grant compensation, emphasizing that the definition of 'use' includes situations where the vehicle is not actively in motion but still poses a risk due to its prior use.

SHIVAJI DAYANU PATIL & ANR. vs SMT. VATSCHALA UTTAM MORE · Niyam