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CRP No. 370/2000, CRP No. 371/2000, CRP No. 372/2000, CRP So the Court further observed that the respondents No. 2
No. 373/2000 and CRP No. 362/2000 before this Court. and 3 may in addition to the amount awarded to them by
the impugned award may also institute any other
The said revision petitions were filed by the appellant proceedings whether by means of a suit or otherwise, before
insurance company challenging the said judgment and order the appropriate forum for claiming further relief, and if they
dated 12.7.2000 passed by the Motor Accident Claims do so the said proceeding shall be decided within six months
Tribunal on the inter alia grounds that the claim under of the institution of the same in accordance with law.
motor vehicle act is not maintainable in view of Public
Liability Insurance Act 1991 and also that the said motor The Court also held that the requirement of policies and
accident was not the result of the use of offending Gas limit of liability under a policy of insurance of the vehicle
tanker in as much as explosion in the said offending gas under Sec.147 of the MV Act shall not be subject to a policy
tanker was occurred when offending vehicle was stationary of insurance under the PLI Act 1991 even in the case of a
and that the said accident was not an accident arising out vehicle carrying or meant to carry dangerous or hazardous
of the use of the offending gas tanker. goods and also that it is a requirement for the vehicle
carrying or meant to carry dangerous and hazardous goods
The Court by passing common judgment and order dated to have a policy of insurance under the PLI 1991. In case of
7.5.01 had dismissed the said Civil Revision Petitions and held failure on the part of the vehicle carrying or meant to carry
that the said accident was an accident arising out of the use dangerous and hazardous goods to have a policy under the
of the offending gas tanker and also that the PLI Act 1991 PLI Act 1991 there are provisions under the PLI Act 1991
has no bar to file a claim petition under the MV Act 1988. to meet such situation.
The court referred the judgment in M. C. Mehra v. Union (Note: Sec.8 of the Act provides the right to the victim to
of India, where the Supreme Court has gone much further claim relief as per Sec.3 in respect of death or injury to,
than Rylands v. Fletcher in imposing strict liability. The Court any person or damage to any property shall be in addition
observed, "if the enterprise is permitted to carry on any to any other right to claim compensation in respect thereof
hazardous or inherently dangerous activity for its profit the under any other law for the time being in force and where
law must presume that such permission is conditional on in respect of death or injury or damage to any property,
the enterprise absorbing the cost of any accident arising the owner, liable to give claim for relief, is also liable to pay
on account of such hazardous or inherently dangerous compensation under any other law, the amount of such
activity …" The court observed that this strict liability is not compensation shall be reduced by the amount of relief paid
subject to any of the ex- captions to the rule in Rylands v. under this Act.)
Fletcher 1868 LR 3 III, 330.
Continued in Next Issue
Tata AIG General Insurance has been awarded the Golden Peacock
HR Excellence Award
Tata AIG General Insurance has been awarded the Golden
Peacock HR Excellence Award by Institute Of Directors,
Mumbai during the 10th International Conference on Cor-
porate Social Responsibility and the Golden Peacock
Awards Presentation Ceremony. Mr. Subramanian
Suryanarayanan, Chief Human Resource Officer, Tata AIG
General Insurance Co. Ltd. received the award from Mrs.
Pankaja Gopinathrao Munde, Hon'ble Minister of Rural
Development and Water Conservation, Women and Child
Development, Govt. of Maharashtra. Also seen on the
dais (From L to R), Lt. Gen. J. S. Ahluwalia, PVSM (Retd),
President, Institute of Directors, India and Mr. Vijay Karia,
Chairman & Managing Director, Ravin Group.
The Insurance Times, March 2016 35
