NEW INDIA ASSURANCE COMPANY LIMITED Vs. GEETA DEVI

JUDGEMENT

(1.) THE impugned judgment dated 20.12.2008 rendered by the Motor Accidents Claims Tribunal, Almora has been challenged by the Insurance Company (appellant) mainly on the ground that the death of injured Kailash Singh occurred not on account of the accident by the vehicle (Jeep No. U.A. 04 -A -5787) but it was a deliberate murder, wherein the driver of the vehicle as well as other accused persons, sitting in the jeep, were having complicity.

(2.) LEARNED senior counsel for the Insurance Company has submitted his arguments that the incident occurred on 29.11.2005 at 6.30 p.m., when the deceased was returning as a passenger in the jeep, in question, after attending the marriage ceremony. In that vehicle, accused persons, namely, Bahadur Singh, Harish Singh, Rajendra Singh, all residents of the same village Hatola (village of the deceased) were also boarded. Besides, another accused Bhagwan Singh, resident of village Aila and driver Mr. Harish Singh, belonging to self same village Hatola, were also there. As the vehicle arrived at some lonely place during the course of journey, deceased was thrown out from the vehicle by the accused persons. By the time the deceased could take care of himself, the driver of vehicle consciously took the deceased beneath the plying wheel as a result later the deceased succumbed to his injuries. He was shifted to his home by some passersby and then he narrated the entire incident to his brother Pratap Singh, who lodged the FIR on 30.11.2005 in the morning at the concerned Patwari Circle. The matter was investigated and the chargesheet was submitted against Mr. Bahadur Singh and Mr. Harish Singh, both young persons, for the offence under Section 302 IPC and the case was tried in the competent court.

(3.) LEARNED senior counsel for the appellant has drawn the attention of this Court to the fact that the petition was instituted under Section 166 of the Motor Vehicles Act and even the averment made in para 23 of petition discloses that it was a deliberate murder by the accused persons and not an accident. Section 166 of the Motor Vehicles Act postulates the application for awarding compensation only for the accident of the nature specified in Sub -Section 1 of Section 165 of the Act. Section 165 (1) of the Act reads as under: -