ORIENTAL INSURANCE COMPANY LTD. Vs. BIMAL SINGH BEY

JUDGEMENT

(1.) This is an appeal by the Oriental Insurance Company Ltd. against the judgment and award dated 27.02.2007 passed by the Motor Accident Claims Tribunal, Hojai in MAC Case No. 142 of 2006. The findings as returned by the Tribunal as regards the accident that occurred on 17.10.2005 when a group of extremists intercepted the vehicle and killed the passengers carried in the vehicle No. AS-09-4743, death of one Aphu Patorpi, wife of the claimant and the insurance coverage of the said vehicle by the appellant are not in dispute by either of the parties or in the appeal. As such those findings stand affirmed without requiring any further appraisal.

(2.) The questions that has been raised in the appeal may be encapsulated as:

(3.) Mr. S. Dutta, learned counsel appearing for the appellant submitted that from a cursory glance at the pleadings as incorporated in the claim petition, it would be apparent that there is no pleading regarding negligence of the driver of the vehicle bearing registration No. AS-09/4743 (bus) nor the cause of the death is proximate to any accident arising out of the use of the motor vehicle. What the claimants stated that when the vehicle reached the village Presala, the extremists restrained the vehicle and killed most of the passengers by gun, daggers and with other dangerous weapons.