NATIONAL INSURANCE CO LTD Vs. SHIMLA

JUDGEMENT

(1.) This is an appeal of insurance company challenging the judgment and order dated 11.4.2008 passed by the concerned Motor Accidents Claims Tribunal, Jhansi.

(2.) The main contention of the insurance company is that when the vehicle was running on a highway, Trade Tax Authorities stopped the same and after parking at a particular point, the driver was beaten extensively, which caused his death. It appears to be State sponsored murder. Therefore, such an incident cannot be construed as an accident under Motor Vehicles Act, 1988, arising out of use of motor vehicle. Apart from the aforesaid point, learned counsel appearing for insurance company raised the point of quantum of compensation on the basis of the income of Rs. 2,000 per month as per the oral evidence. But it is recorded under the judgment and order that no evidence was led by the insurance company. Therefore, having no denial or rebuttal, we cannot accept the argument of the insurance company ex facie. So far as the question of multiplier is concerned, it has been faintly raised by the insurance company, but no argument is advanced also to that extent. Therefore, the basic question is whether the above incident is an accident out of the use of motor vehicle or an incident simpliciter which can be termed as murder?

(3.) We have heard the learned counsel at length to decide the said question of law at the stage of admission.