UNION OF INDIA Vs. BHAGRI

JUDGEMENT

(1.) This order will also govern the M.A. No. 39/07 which arise out of the common award as the factual matrix and the legal points involved are common to all. These miscellaneous appeals assail the common award dated 05.8.2006 passed in three motor vehicles claims cases including motor vehicles claim case No. 115/05, filed for claiming appropriate compensation for the death of Kamal Kishore which occurred on 23.05.2011 when the said deceased while traveling in a BSF truck which was returning from Shrinagar to Jammu, was blown up by a bomb explosion at about 10 am killing majority of persons traveling in it including respondent.

(2.) These appeals have been filed by Union of India primarily on the ground that in the absence of proof of negligence on the part of the driver/owner of the said truck belonging to the BSF, the liability of paying compensation can not be fastened upon the Union of India and also that the accident did not arise out of the use of motor vehicle.

(3.) The counsel for the appellant has placed reliance on a decision of the Apex Court in the case of Samir Chanda Vs. Managing Director, Assam State Transport Corporation, 1998 7 Supreme 66. In the said case, the Apex Court while setting aside the single Bench decision of the High Court of Guhati has held that in a situation where the bomb was planted inside the truck and the truck was blown up leading to the death of several persons traveling in the truck, the owner and driver cannot be absolved of their liability to compensation since they failed to ensure that there was no bomb inside the truck especially when truck was plied in area of high security alert. In these facts, the Apex Court rendered its findings in favour of dependents of the deceased dying in the bomb explosion.