Motor Accident Claim -- Tree Branch Falling on Stationary Vehicle -- Act of God -- Claim not maintainable under Motor Vehicles Act
Motor Vehicles Act, 1988, S.166 -- Motor Accident Claim -- Tree Branch Falling on Stationary Vehicle -- A claim under S.166 is maintainable only where the injury arises out of the use of a motor vehicle, and the vehicle must form part of the proximate cause of the accident. Where a tree branch falls on a stationary autorickshaw during heavy rain, the vehicle is merely the location of the incident and not its cause. Such an event falls within the doctrine of Act of God and does not attract liability under the Motor Vehicles Act.
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