The Bombay High Court has ruled that Crane used in private premises of a Coal mine falls within the meaning of “motor vehicle” under Section 2(28) of the Motor Vehicles Act, 1988.
The single-judge bench of Justice Urmila Joshi Phalke in this view upheld the compensation granted by the MACT to the family of a Western Coalfields Ltd. employee who died in a collision with a crane during work.
Brief Facts of the Case
The deceased in the case met with an accident while driving scooty. The driver of the Crane was driven rashly and negligently and dashed against his Scooty causing him to die on the spot. FIR was registered in this regard under Sections 279, 337, 338, 304-A of the Indian Penal Code and under Section 184 of the Motor Vehicles Act. The claimants- wife and children of the deceased sought compensation on the ground of rash and negligent driving by the crane driver. The MACT recorded the evidence of the claimants and awarded the compensation at the rate of Rs.62,26,400/-.
The Company has opposed the compensation with the contention that as such the Crane is not a motor vehicle, and therefore provisions of the Motor Vehicles Act are not applicable. It has been submitted that the alleged accident has not occurred on a public road but it was occurred on a private road. Apart from this, the amount of the compensation has also been aggrieved being 'exorbitant and excessive'.
Counsel for the appellant has argued that there was contributory negligence on the part of the deceased and the alleged accident has occurred in the private premises of the W.C.L., and therefore claimants are not entitled to receive the compensation.
High Court's Observation
The Court upon deliberating on facts of the case and material on record opined at the outset that admission of the witness is sufficient to show that it was Crane which was driven by its driver in rash and negligent manner and dashed the two-wheeler of the deceased from the back side.
It is an admitted position that deceased died in an accident which took place between of the Scooty and the Crane which is owned by the W.C.L. Another witness Yerni Mallesh Banaya was examined on behalf of the W.C.L. His evidence is only to the extent that he received the massage that one person died. He went at the spot and saw that deceased Rajkumar Tiple came under the Crane. He also admitted that said incident was occurred because of mistake of Crane operator. Thus the evidence of both these witnesses shows that the incident took place due to the rash and negligent driving of the Crane driver."
Further, the court added that it is not only the evidence of the claimant but the evidence of the witnesses examined by the W.C.L. which shows that the Crane dashed the Scooty from the back side which is sufficient to hold that the accident occurred due to the rash and negligent driving of the Crane driver.
As far as the contention that the vehicle Crane doesn't come under the definition of vehicle under the Motor Vehicles Act was concerned, the court referred to V.M. Salgaocar & Bros. Vs. Board of Trustees of Port of Mormugao & ANR, 2005 Latest Caselaw 207 SC and observed that it has been held that the machinery is adapted for use or designed for use in an enclosed place as a distinct from a road. In fact, it is clearly machinery which is designed for all off-the-road use.
"Merely because there is possibility that it can be put on to a road because of its caterpillar tracks with limited mobility, it cannot be said that it is designed or adapted for use on a public road. None of the machines are capable of use for transporting goods or people on public road, " it observed.
The Court pointed out para No.9 of the Judgment whereby it held that ‘the mobile cranes are ‘Vehicles’ and not ‘Machinery'
"In view thereof, they are to treated as ‘Vehicles’ for all purposes including octroi’ and the claimants are held to be entitled to receive the compensation. Whether mobile crane is a vehicle or machinery it is necessary to see the definition of vehicle given under Section 3."\
Section 2(28) – “Motor Vehicle” or “vehicle” means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has been attached under trailer; but does not include a vehicle running upon fixed rails or vehicles of a special type adapted for use only in a factory or in any other enclosed premises or vehicle having less than four wheels fitted with engine capacity of not exceeding (twenty-five cubic centimeter) and thus, motor vehicles as per its definition means any mechanically propelled vehicle adapted for use upon roads including a chassis to which a body has not been attached whether the chassis is a two-wheeler or three-wheeler scooter or motorcycle, the court observed citing Bose Abraham Vs. State of Kerala & ANR [2001] INSC 53 (1 February 2001) wherein it was held that mere fact that excavators are used in an enclosed area and road rollers are used only for making roads and not as vehicle.
This does not render them to be different kind of vehicle and since the excavators and road rollers are motor vehicles for the purpose of M. V. Act., the court observed.
"The Crane is involved in view of the observations of the Hon’ble Apex Court that mere fact that the excavators are used in an enclosed area and road rollers are used only for making roads and not as vehicle and held that these are also the motor vehicles for the purpose of M.V. Act."
CASE TITLE: Western Coal Fields Ltd. vs Anjutai and Ors.
CASE DETAILS: First Appeal No. 1823 of 2019
CORAM: Justice Urmila Joshi Phalke
Advocates for Petitioner/ Appellant: Mr. Shriram Chopde, Advocate h/f Mr. D. L. Dharmadhikari, Advocate
Advocates for Respondent: Mr. P. R. Agrawal, Advocate
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