NEW INDIA ASSURANCE COMPANY LIMITED Vs. BUDHSEN MISHRA

JUDGEMENT

(1.) THE appellant, Insurance Company calls in question the legality of the award dated 31-7-09 passed by Additional Motor Accident Claims Tribunal (Fast Track Court), Rewa in MVC Case No. 42/09, whereby, in lieu of death of Surendra Kumar, awarded the compensation of Rs. 3,49,000/-.

(2.) SOLE ground on which the appellant questions the award is that the death of Surendra Kumar was not arising out of motor accident but was murdered.

(3.) THE claim was resisted by the Insurance Company on the ground that the motor accident was not the proximate cause of death but he was murdered. To bring home the contention the Insurance Company relied upon the FIR (Exh. P-2), whereof Rajrakhan Singh was framed as an accused for an offence under Section 302 of IPC. It was urged that the deceased being murdered, the Insurance Company was not under an obligation to indemnify the owner/insured of offending truck.