DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD Vs. SHIMLA

JUDGEMENT

(1.) AMITAVA Lala, J. This is an appeal of insurance company challenging the judgment and order dated 11. 4. 2008, passed by the concerned Motor Accident Claims Tribunal, Jhansi.

(2.) THE main contention of the insurance company is that when the vehicle was running on a high way, 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 the 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 for the use of motor vehicle or an accident simpliciter which can be termed as murder.

(3.) ORDINARILY, the meaning of the word "accident" understood is as follows (Defined in Dictionary by MURRAY Vol. IA: Accident: 1. Anything that happens. 1+a. An occurrence, incident, event, Obs. b. Anything that happens without foresight or expectation; an unusual event, which proceeds from some unknown cause, or is an unusual effect of a known cause, a casualty, a contingency.