BOMBAY HIGH COURT HELD CRANE USED IN WESTERN COALFIELDS LTD. IS CONSIDERED AS “MOTOR VEHICLE” UNDER MOTOR VEHICLE ACT, 1988 In the recent case, the Bombay High Court held that crane used in a coal mine (Western Coalfields ltd.) will fall under the definition of ‘motor vehicle’ or ‘vehicle’ when met with an accident. Section 2(28) of Motor Vehicle Act, 1988 defines a motor vehicle/vehicle. It excludes any special type of vehicle used in a factory or in any enclosed premises. Bombay HC held it will still fall under the definition and will not be excluded just because it was used inside the premises of WCL. The crane hit an innocent man riding scooter and he died immediately. The deceased family was awarded compensation in Motor Accidents Claims Tribunal. WCL appealed in the High Court as per Section 173 stating that crane does not fit in the definition of section 2(28) and on the part of deceased there was contributory negligence. The court referred to the judgement and reasoning of Supreme Court in Bose Abraham v. State of Kerala and held crane even if used in the enclosed premises of a coal mine will be considered as vehicle. With a team of Law experts in civil and criminal litigation, Reddy & Reddy Law Firm has extensive experience and involvement in litigation matters. The firm’s lawyers have great experience in handling complex legal issues related to Motor Vehicle accidents.