ORIENTAL INSURANCE COMPANY LTD Vs. REHANA BEGHAM

JUDGEMENT

(1.) THE facts in brief are that an accident took place on 23. 3. 2003 at about 6. 00 p. m. while Israr Khan, Additional District Government Counsel was going on his Motor Cycle No. 8849 to his residence. THE driver of Truck No. DL-1gb/0895 dashed the motorcycle from behind. Due to the injuries received in the accident Israr Khan died on the same day. THE claimants filed M. A. C:p. No. 105 of 2004 claiming compensation. THE claim petition had been allowed by the Motor Accident Claims Tribunal by its award dated 1. 9. 2008 awarding Rs. 6,23,6127-compensation with 6% interest. THE award dated 1. 9. 2008 has been challenged in this appeal.

(2.) WE have heard Shri Ramesh Singh, learned counsel for the appellant. He has urged that it was not a case of accident but it was a planned murder by use of the truck, therefore, the claimants were not entitled for compensation. He further urged that the tribunal could not have directed the insurance company to pay the amount of compensation to the claimant and then recover it from the owner. Learned counsel for the appellant has also relied on a decision of Apex Court in United India Insurance Co. Ltd. v. A. N. Subbulakshmi and others, 2008 (4) TAG 381 (SC) and decision of Bombay High Court in United India Insurance Co. Ltd. v. Anubai Gopichand Thakare and others, 2008 (1) TAG 948 (Bom ).

(3.) APPLYING the test laid down by the apex Court we have examined the material on record to find out as to whether it is a case of murder simpliciter. Before the Motor Accident Claims Tribunal the appellant had not led any evidence to prove that it was a case of murder of Israr Khan. We do not find any illegality in the award of the tribunal.