NATIONAL INSURANCE CO LTD. Vs. ASHABEN DARSHANSINH VAGHELA

JUDGEMENT

(1.) Heard learned advocate Ms.Lilu K. Bhaya for the appellant and learned advocate Mr.MTM Hakim for the respondent no.1. Perused the record as well as record and proceedings received from the trial Court.

(2.) The appellant herein is insurer of motor vehicle No.GJ-1 AU 3340 truck which is owned by the respondent no.4 and driven by respondent no.3, who is deleted from the cause title, at the relevant time. Respondents no.1 and 2 are legal heirs and dependents of victim in incident, which has taken place on 13.04.2006 wherein one Darshansinh Mohansinh Vaghela has received fatal injuries. Because of death of victim when he was hit by truck, his legal heirs being widow has preferred Motor Accident Claim Petition No.363 of 2007 before Motor Accident Claim Tribunal at Bharuch. By impugned judgment and award dated 30.03.2011, the Tribunal has awarded an amount of Rs. 5,05,000/- with 9 % interest as compensation to be paid by all the opponents jointly and severally to the claimants.

(3.) Being aggrieved by such award, appellant - Insurance Company has preferred this appeal mainly on the ground that considering the nature of incident, it cannot be said that it is vehicular accident simpliciter but it is the case of murder of the victim Dharshansinh Vaghela. However, it is undisputed fact that the truck driver had while escaping from place when probably he was committing some other illegal activity, dashed his truck with the victim whereby victim had received fatal injuries. Therefore, relying upon the decision in the case of Ritadevi and others. v. New India Assurance Company Limited reported in 2000 (5) SCC 113 Insurance Company cannot be held liable. Learned advocate Ms.Bhaya for the appellant has fairly submitted that except such basic issue of liability of Insurance Company to pay compensation in given facts of the incident, the appellant does not challenge award so far as quantum of compensation is concerned. However, it is vehemently submitted that considering the documentary evidence produced on record, more particularly complaint at Exh.35 and chargesheet filed against driver of the truck at Exh.41, it can certainly be said that this is not an accidental murder but it is a murder simpliciter and therefore, considering the discussion, observation and determination in paragraph no.10 in Ritadevi's (supra) case, Insurance Company cannot be held liable; in case of murder, if any committed by driver of the vehicle; to pay compensation to the victim of such incident.