MV Act, 1988, S.166 -- Motor Accident Claim -- Tree Branch Falling on Stationary Vehicle
It is not a valid ground for a claim under Section 166 of the Motor Vehicles Act, 1988 that a person was injured while inside a stationary motor vehicle if the vehicle itself had no causal connection with the accident. The settled position of law is that an injury must arise out of the "use of a motor vehicle" — the vehicle must be part of the proximate cause. Where a tree branch falls on a stationary autorickshaw during heavy rain, the vehicle is merely the location of the incident, 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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