THE ORIENTAL INSURANCE CO., LTD Vs. BULKIS BEEVI

JUDGEMENT

(1.) THIS civil miscellaneous appeal has been filed against the order, dated 20.9.2004 made in M.C.O.P.No.641 of 2000, on the file of the Motor Accident Claims Tribunal, Fast Track Court No.1, Tirunelveli.

(2.) THE second respondent is the appellant. The petitioner and the respondents 2 to 6 are the legal heirs of one Khaja Mydeen, who died in a road accident, on 7.2.2000 at 2.30 p.m. on Tirunelvelli -Ambasamudram Main Road at Malapalayam. According to the petitioner, on 7.2.2000, the deceased was attending a marriage function at Nellai Marriage Hall, which is situated at Tirunelveli Ambasamudram Main Road at Melapalayam. After the marriage, some wordy quarrel broke out between the bridegroom and bride's family and as a result of which, the groom's family left the marriage hall and boarded a van bearing Registration No. TN74Z 5078, belonging to the first respon -dent. The deceased was standing on the Ambai -Tirunelveli Main Road and the driver of the vehicle suddenly started the van in a high speed and dashed against the deceased and the deceased had sustained grievous injuries and died on the spot. The deceased was 47 years old and earning about Rs.3,000/ - per month and the petitioners have claimed a sum of Rs.l,96,500/ - as compensation against the owner of the vehicle is the first respondent and the Insurance Company, who is the second respondent.

(3.) THE second respondent/Insurance Company, resisted the claim on various grounds. The main contention was that the incident was not an accident, but, a murder. According to them, after the wordy quarrel between the parties, one sheik Farith and Jenofer, who are the brothers of the bridegroom, instigated the driver to drive the vehicle in order to kill the deceased and the driver dashed the vehicle against the deceased with an intention to kill. Since, it is a case of murder, the Insurance Company is not liable to pay the compensation.