Bombay High Court: Accident Under Motor Vehicles Act Includes Overturning And Slipping, Involvement Of Other Vehicle Not Necessary

The Bombay High Court has held that an accident under the Motor Vehicles Act includes collision, overturning or slipping and involvement of another vehicle is not necessary.

The Court was considering an Appeal against the dismissal of the Claim Petition.

The Bench of Justice Shivkumar Dige held, "....The term accident is not defined in the Motor Vehicles Act. As per the Lexis Nexis, “Accident” means, ‘a sudden unforeseen or unexpected event causing harm to a person. In my view, accident includes, collision, over turning or slipping. It is not necessary to have involvement of other vehicle to cause an accident like in present case."

The Appellant was represented by Advocate Avesh Ghadge while the Respondent was represented by Advocate Poonam Mital.

Facts of the Case

Counsel for the Appellants submitted that the deceased was travelling on bike with her husband and children and her saree got entangled in the chain of the motorcycle, due to which the motorcycle slipped on the road, and the deceased along with her husband and children fell on ground. The deceased sustained serious injuries and died while taking treatment. The offence was registered against the husband of the deceased. He further contended that it was an accidental death, but the Tribunal didn't considered this fact and dismissed the claim petition on the ground that there was no accident of the vehicle and accident occurred due to sole negligence of the husband of the deceased, which is erroneous.

The Counsel further submitted that the deceased was doing milk business and earning ₹4,000/- p.m. from the said business but the Tribunal has not awarded compensation.

On the other hand, Counsel for the Respondent contended that saree of the deceased got entangled in the wheel of the bike, due to which bike slipped on road, the deceased sustained injuries and died that therefore, it cannot be considered as an accident as there was no involvement of the other vehicle in the said act.

Reasoning By Court

The Court didn't agree with the Tribunal's findings and held that accident includes collision, overturning or slipping and involvement of other vehicle is not necessary.

"Admittedly, the deceased was going on motorcycle and her saree got entangled in the rear wheel of the motorcycle and she fell on the road. It shows that, the death of the deceased was an accident. At the time of accident, the motorcycle was insured with respondent /Insurance Company. The accident caused due to use of the motorcycle, hence Insurance Company is liable to pay the compensation. Though four persons were travelling on the bike, but it has come on record that the deceased, her husband and their two minor children around three years of age were travelling with them, so it cannot be considered as breach of terms and conditions of insurance policy", the Court observed.

The Court accordingly granted compensation and allowed the Appeal.

Cause Title: Aditya Ramchandra Patil vs. Yuvraj Bhivaji Patil (2025:BHC-AS:35275)

Appearances:

Appellant- Advocate Avesh Ghadge, Advocate Akshay Shinde

Respondent- Advocate Poonam Mital

Click here to read/ download Order