NEW INDIA ASSURANCE CO LTD Vs. PISTA DEVI

JUDGEMENT

(1.) AMITAVA Lala, J. The fact remains that when the deceased was carrying buffalo by the concerned truck being TATA 407 UP. 13b 6388 he was murdered by a co-passenger and dead body was thrown from the vehicle. The deceased was aged about 32 years and carrying cattle business.

(2.) AN important question arose before the tribunal that when the deceased was murdered on the vehicle, whether such incident can be said to be motor accident for the purpose of getting compensation from the insurance company or not.

(3.) BETWEEN the period when judgment was reserved and made for delivery we have come across with similar issue in First Appeal From Order No. 2028 of 2008 (National Insurance Company Ltd. v. Smt. Shimla and others) and delivered a judgment on 11m July, 2008 upon making a difference between felonious and not felonious act in coming to conclusion about motor accident which has binding effect herein.