NATIONAL INSURANCE CO LTD Vs. TMT DEIVANAI

JUDGEMENT

(1.) The appeal is filed by the Insurance Company, being aggrieved by the the Motor Accident Claims Tribunal award fixing the liability to pay compensation of Rs.5,69,000/- to the family members of the car driver, who was murdered by the hirers to steal the car.

(2.) On 22/04/2003, three persons hired a Toyota Qualis car bearing registration No. TN-49-F-9885 owned by one Iyappan, the first respondent in the claim petition who was running a travel agency by name Blueline Travels. They hired the car for travel from Puducherry to Thiruvannamalai and back to Puducherry. The deceased Selvam was the driver of the car. He left Puducherry with the three hirers on 22/04/2003 at about 4.00 pm. The next day, at about 11.00 am, the Auroville Police, Villupuram District received information from the Village Administrative Officer about the presence of a dead body near Navarkulam of Pattanur Village with injuries on neck. The body was identified as Selvam, the driver of the quailis car. The car and the hirers were missing. The police registered a criminal case and upon investigation, found the hirers of the qualis car, had killed the driver Selvam and decamped with the car. The hirers were identified as Jagan @ Asai Jagan, Kamal @ Kamalvathi and Pradeepkumar. Final report filed against them for offences under Sections 302 and 392 r/w 34 IPC. The wife, mother and 3 minor children of the deceased together filed the claim petition seeking compensation of Rs.10,00,000/-.

(3.) The Insurance Company denied liability, since the driver was murdered for gain and the death occurred not due to motor accident. The tribunal, relying upon the judgement of the Supreme Court rendered in Smt.Rita Devi and others vs- New India Assurance Company Limited and another,2000 TNLJ 28 held, the insurance company liable and awarded a compensation of Rs.5,69,000/- payable to th claimants.