RITA DEVI Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) One Dasarath Singh was a driver of an auto rickshaw owned by Lalit Singh. The vehicle in question was registered as a public carrier vehicle used for hire by the passengers. This vehicle was insured with the respondent-Insurance Company. On 22nd of March, 1995, it is stated that some unknown passengers hired the above auto rickshaw from rickshaw stand at Dimapur between 5 to 6 p.m. It is also not in dispute that the said auto rickshaw was reported stolen and the dead body of driver Dasarath Singh was recovered by the police on the next day, the auto rickshaw was never recovered and the claim of the owner for the loss of auto rickshaw was accepted by the respondent-Insurance Company and a sum of Rs. 47,220/- was settled by the said company towards the loss suffered by the owner.

(2.) One Darshan Singh claiming to be a Power of Attorney holder of the present appellants filed a claim petition along with the present appellants under Section 163-A of the Motor Vehicles Act, 1988 (for short the 'Act') claiming damages for the death caused to the deceased Dasarath Singh during the course of his employment under Lalit Singh as a death caused in an accident arising out of the use of vehicle. The Motor Accidents Claims Tribunal, Nagaland as per its judgment dated 24th of June, 1996 came to the conclusion that the death of the driver of the auto rickshaw (Dasarath Singh) was caused by an accident coming within the purview of the Motor Vehicles Act, therefore, held that the owner of the vehicle was liable to compensate the death of the driver in money value. Since there was an agreement between the vehicle owner and the respondent-Insurance Company to compensate the employer of the vehicle, said legal and statutory liability stood fastened on the respondent-Insurance Company. The tribunal also held that the quantum of claim of the claimants stood established and consequently it awarded a sum of Rs. 2,81,500/- against the Insurance Company with interest @ 12% on the amount awarded from the date of application till payment.

(3.) The Insurance Company preferred an appeal by itself before the Gauhati High Court (Kohima Bench) in M.A.(F) No. 8(K) 96. The High Court by its judgment dated 9-3-1998 came to the conclusion that there was no motor accident as contemplated under the Act. The High Court further held that the case in hand was a case of murder and not of an accident, hence a petition for claim under the provisions of the Act did not arise. The High Court, accordingly, allowed the appeal and set aside the judgment and the award made by the tribunal.