🚨 WHO PAYS WHEN YOUR VEHICLE IS TAKEN BY THE STATE? 🤔
What happens if your private vehicle is requisitioned by the Government for elections or public duty… and an accident occurs?
👉 Will your insurance company pay?
👉 Or will the Government be responsible?
⚖️ The Hon’ble Supreme Court in District Magistrate & District Election Officer, Gwalior, M.P. vs National Insurance Co. Ltd. & Ors. has answered this clearly:
❓ Who is the “real owner” during requisition?
➡️ The one who has control and possession — i.e., the State authority
❓ Can the insurer be forced to pay for such accidents?
➡️ ❌ NO — because the insurer covers normal, voluntary use, not forced governmental use
❓ Who bears liability then?
➡️ ✅ The Requisitioning Authority (Government)
❓ Why this principle?
➡️ Because when the State takes your vehicle for public purposes, it must also take responsibility for consequences
📌 Key Takeaway:
When the Government uses its statutory power to take private property, it cannot shift the burden onto private owners or insurers.
⚖️ A strong reaffirmation of fairness in law and limits of insurance liability!
— Shri Ganpati Jurists
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