NEW INDIA ASSURANCE CO. LTD. Vs. SHEHZADI YASMEEN

JUDGEMENT

(1.) THE present appeal is filed seeking to impugn the Award dated 4.6.2012. The claim petition was filed under section 166 and 140 of the Motor Vehicles Act, 1988. Subsequently the claim petition was amended and converted as one under section 163A of the Motor Vehicles Act, 1988.

(2.) THE brief facts are that the deceased Sohail Ahmed Khan was a private contractor of a bus on DTC route. On 27.01.2003 near Bus stand Nehru Place the deceased stopped a bus to talk with the driver regarding the timing since the route of both the buses was the same. There was a difference of timing of five minutes between the two buses on the same route but the driver of the other bus i.e. respondent No.5 would often delay his bus. It is stated that respondent No.5 responded to the gesture in a fury and crushed the deceased under his bus resulting in multiple injuries. He was declared brought dead in the hospital. FIR under section 302 IPC was registered at the police station against respondent no. 5.

(3.) LEARNED counsel appearing for the appellant submits that this was a clear case of murder and not an accident and hence he submits that provisions of the Motor Vehicles Act would not apply. He relies upon judgment of the Supreme Court in the case of Rita Devi & Ors. vs. New India Assurance Company Ltd. & Anr., : AIR 2000 SC 1930.