AIR 1996 GUJARAT 176

Gujarat High Court

Hon'ble Judge(s): R. A. Mehta, S. K. Keshote , JJ

(A) Motor Vehicles Act (4 of 1939) , S.2(28), S.2(46)— Motor vehicle - Iron handcart attached to auto-rickshaw and used for transporting poles - It is not a trailer and, hence, not a motor vehicle - Merely because hand-cart is put to extraordinary use on a stray occasion it does not become motor vehicle - Provisions of Act are not attracted. (Para 12) (B) Motor Vehicles Act (4 of 1939) , S.110B— Accident - Damages - Vicarious @page-Guj177liability - Contractor hiring auto rickshaw for transporting poles - Owner of auto rickshaw attaching iron hand-cart and carrying poles in it - Due to negligent driving, accident occurring - Neither contractor nor the Electricity Board, owner of the poles, would become vicariously liable. (Para 12) (C) Motor Vehicles Act (4 of 1939) , S.95— Motor accident -Death - Compensation - Determination - Deceased aged 35 and doing agricultural and animal husbandry work - Claim that deceased was earning Rs. 900/- a month not challenged - Deducting Rs. 200/- towards personal expenses, dependency amount would work out to Rs. 8,400/- per annum and applying multiplier of 12 it would come to Rs. 1,08,000/- - It would be loss for expectancy of life ....