UNITED INDIA INSURANCE COMPANY LIMITED Vs. RAHI SOLANKI

JUDGEMENT

(1.) Whether the brutal killing of two persons by the 7 th Respondent/Driver (who has been found guilty of murder under Section 302 IPC and has been convicted and sentenced to life imprisonment by the Trial Court) using the Truck as a weapon and crushing them down, could be treated as an 'accident' or as 'out of the use of a motor vehicle' so as to award compensation to the legal representatives of the deceased, on the strength of a policy issued by the Appellant-Insurer? The finding of the Tribunal that the said incident is an accident and the Appellant/Insurer is liable to pay the compensation, is put to challenge in these appeals.

(2.) Heard Shri Dashrath Gupta, the learned counsel appearing for the Appellant/Insurer, Shri Shivendu Pandya, the learned counsel appearing for the Respondents/Claimants and Shri S.S.Rajput, the learned counsel representing the Respondent/Owner.

(3.) The bare minimum facts involved in these appeals are that on 21.12.2008 at about 09.15 pm, there occurred some altercation between the driver of the Truck bearing CG 07 J 1169 and the deceased, Ashok Singh, who was standing with his friend Ram Sewak Jaiswal. On getting provoked, the 7th Respondent took the vehicle and crushed down the deceased Ashok Singh and his friend Ram Sewak Jaiswal; pursuant to which the Police registered a crime against the 7 th Respondent under Section 302 of the Indian Penal Code.