KHAIRUNISHA Vs. SUBHASH ALIAS PUNJABI

JUDGEMENT

(1.) THE appeal has been preferred by the claimants aggrieved by dismissal of their claim petition by the Addl. Motor Accidents Claims Tribunal, Multai, district Betul as per award dated 10-10-2005 passed in M. A. C. C. No. 33/04. The tribunal has dismissed the claim petition on the basis that it was a murder committed by use of motor vehicles. There was no causal connection of murder committed with the accident, in the opinion of the Tribunal it was not a case of an accidental murder.

(2.) THE claimants preferred claim petition claiming compensation on account of death of Mohd. Arif aged 23 years, driver of Tata Mini Truck (MP 28-B/0144 ). The Mini Truck met with an accident with another truck (MP-05-A/8131) driven by Subhash @ Punjabi Nagle owned by Dayalu and insured with the New India Assurance Co. Ltd. When accident was caused mohd. Arif driver of the Mini Truck asked Subhash Nagle to make the payment of compensation, as several persons had assembled Subhash Nagle asked Mohd. Arif to accompany him in his Truck, he went ahead 1/2 k. m. along with Mohd. Arif in the Truck and committed MARPEET of Mohd. Arif, ultimately Mohd. Arif was crushed by the Truck driven by Subhash Nagle, he fell down on the road and rear wheel of the truck ran over his head. He died on the spot. Subhash nagle ran away from the spot along with the truck. Subhash Nagle was tried for commission of offence under Sections 302 and 427 of IPC and punished with life imprisonment. Deceased was earning Rs. 4200/- per month. His salary was rs. 2100/-, allowance was also Rs. 2100/ -. Compensation of Rs. 6,99,800/- was claimed along with interest.

(3.) THE driver was proceeded ex parte. The owner in his reply contended that it was not a case of motor accident, murder of Mohd. Arif was committed by Subhash Nagle. Thus, the claimants were not entitled to claim compensation.