NATIONAL INSURANCE COMPANY LTD Vs. JEET KAUR

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited impugns a judgment dated 30.09.2010 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby a compensation of Rs.3,75,000.00 was awarded for the death of Gurmail Singh, who died in a motor vehicle accident which occurred on 03.08.1994.

(2.) ON 03.08.1994 Harbans Singh while driving truck No.DLG-5712 was proceeding from Delhi to Vardhman (West Bengal). Gurmail Singh, (the deceased in the instant Petition) was accompanying Harbans Singh as a co-driver. While the truck reached the area of Champaran (Bihar), they were attacked by robbers and who committed their murder. An FIR No.0116 under Section 302/201/34 IPC was registered at Police Station Champaran.

(3.) THE Claim Petition was initially dismissed on the ground, inter alia, that the death was not on account of any accident, the Claims Tribunal held that if the injuries are sustained by a felonious act, the provisions of the Motor Vehicles Act will not apply. This Court in FAO 195/1996, decided on 29.05.2008 while relying on Rita Devi v. New India Insurance Company Ltd. 2000 (5) SCC 113, allowed the Appeal on the ground that in the instant case death could be said to be an accident in the process of committing the offence of robbery.