PRIENTAL INSURANCE CO LTD Vs. DONGKHOLM

JUDGEMENT

(1.) By these appeals the Insurance Company has challenged the common judgment and award dated 26.3.2004 passed by the learned Member, Motor Accident Claims Tribunal, Dimapur, Nagaland awarding compensation to the claimants for the death of the passengers travelling in a bus bearing Registration No. NL-01/B/0273 belonging to Sri Thangkhomang Sitihon, on the ground that death of the deceased passengers were not accidental arising out of the use of the motor vehicle but purely murder.

(2.) The facts leading to the filing the present appeals in brief is that, the claimants filed applications under Section 166 of the Motor Vehicle Act 1988 (in short the Act) claiming compensation for the death of the passengers travelling in the bus bearing Registration No. NL-01/B/0273, stating interalia that on 9.12.96 at about 6.30 a.m. the vehicle was proceeding from Athibung to Dimapur via Jalukie with about 40 to 45 passengers, that while the bus was passing through a jungle area before Kiyevi village, some people coming from the opposite direction stopped the bus and informed its driver that they have definite information of the presence of some armed people in and around Jalukie area to attract innocent civilians traveling in any vehicle in that area and asked the driver to return back to Athibung and not to proceed any further towards Jalukie side but the driver in spite of the request made by the passengers not a proceed towards Dimapur further, did not pay any heed and continued to proceed towards Dimapur and while the bus was negotiating a curve of the road a little while ahead some armed persons stopped the bus and fired indiscriminately resulting in deaths of 28 passengers on the spot and other two in the hospitals. The claimants filed the claim applications claiming compensation for the death of the such passengers contending that it was an accident which occurred due to irresponsibility and negligence of the driver and had the driver taken care for the safety of the passengers or acted upon the information given as well as paying heed to the warning given by the passengers, the accident could have been averted. The learned Tribunal upon appreciation of the evidences on record, both oral and documentary awarded different sums as compensation ranging from Rs. 72,000/- to 7,57,354/-. Hence the present appeals by the Insurance Company on the ground that the same was not an accident within the meaning of the Act but purely a murder, which occurred due to the enmity between two communities.

(3.) I have heard Mr. Debnath, learned counsel for the appellant and Mr. Imti Imsoong, learned counsel appearing on behalf of the claimants. None appears for the owner as well as the driver of the vehicle, who have been impleaded as respondent, in the present appeals. As agreed to by the learned counsel for the parties all the appeals are taken up for hearing and disposal analogously as by a single judgment and award passed by the learned Tribunal, the claim cases were disposed of.