ORIENTAL INSURANCE CO.LTD. Vs. PABITRA KR. SAIKIA

JUDGEMENT

(1.) Heard Mr. S. Dutta, learned counsel appearing for the appellant. This is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the Oriental Insurance Co. Ltd. against the judgment and award dated 25.11.2004 passed by the Motor Accident Claims Tribunal, Nagaon in MACT Case No. 269 of 1997.

(2.) The findings as returned by the Tribunal as regards the injuries sustained by the claimant-respondent on 12.03.1997 at Barhampur when the claimant-respondent and other forest personnel were travelling by a vehicle which was hired by the Forest Department bearing registration No. AS-02/5303 (407 Mini bus), a group of extremist with sophisticated arms when attacked the said vehicle, the driver lost control of the vehicle and as a result of the said firing, the claimant-respondent received bullet injuries on his femur are not in dispute by either of the parties or in the appeal and as such, those finding stands affirmed without requiring further appraisal whatsoever.

(3.) The question that has been projected in the appeal is related to (1) whether the accident in question is an accident from the use of the motor vehicle as enunciated in Section 165 of the M.V. Act, 1988, (2) whether the Tribunal has made any attempt to find out the dominant intention of such attack in view of the principles as laid down in Rita Devi (Smt.) & Ors. Vs. New India Assurance Co. Ltd. & Anr., 2000 5 SCC 113and (3) whether the injuries received is an act of felony not from the use of the motor accident.