DIPA GANGULY Vs. NEW INDIA ASSURANCE COMPANY LIMITED

JUDGEMENT

(1.) THIS appeal is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 24th August, 2006 passed by the learned Additional District Judge, Thirteenth Court, Alipore, and the Motor Accident Claims Tribunal, in M.A.C. Case No. 363 of 2005 thereby dismissing the said application on the sole ground that the victim died due to murder committed by the driver of the offending vehicle and as such, the death did not arise out of an accident. It is, however, admitted that with the aid of and using the vehicle insured by the Insurance Company, the driver of the offending vehicle committed the act in a public highway.

(2.) BEING dissatisfied, the claimants have come up with the present appeal. It appears from record that the victim was a Sergeant of the Kolkata Police aged 31 years while doing his public duty as such, and his gross monthly income was Rs. 8,986/ - as appearing from Exbt.1(b). According to the claimants, due to rash and negligent driving on the part of a driver of a taxi, insured by the New India Assurance Company Limited, the victim died.

(3.) AS pointed out earlier, the learned Tribunal below by the order impugned herein arrived at the conclusion that the victim unquestionably died due to injury caused by the taxi concerned but the taxi driver committed such act with an intention to murder the victim and, therefore, this was not a case of death arising out of motor accident. In support of such conclusion, the learned Tribunal below took note of the fact that the charge -sheet had been filed on the allegation of murder and it has been committed to the court of sessions.