Accident--Requisition Of Private Vehicle By State--Liability For Accident Rests With Requisitioning Authority, Not Insurance Company
Upon requisition of a private vehicle by the State for public purposes, control and custody of the vehicle vest in the requisitioning authority. For liability purposes, the definition of "owner" under Section 2(3) of the Motor Vehicles Act, 1988 is functional, not formal. The requisitioning authority, being in possession and control, qualifies as "owner" and bears liability for accidents occurring during the period of requisition. An insurer's contractual liability is premised on the vehicle's ordinary and voluntary use; it cannot be extended to risks arising from compulsory governmental deployment.
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